What changed, Commission Delegated Regulation (EU) 2023/1184 of 10 February 2023 supplementing Directive (EU) 2018/2001

+ ### Article 1 — Subject matter
− ### art_1
+ This Regulation lays down detailed rules for determining when electricity used for the production of renewable fuels of non-biological origin can be considered fully renewable. These rules shall apply to the production of renewable fuels of non-biological origin via electrolysis and analogously for …
− Article 1
+ They shall apply regardless of whether the renewable fuel of non-biological origin is produced inside or outside the territory of the Union.
− This Regulation lays down detailed rules for determining when electricity used for the production of renewable liquid and gaseous transport fuels of non-biological origin can be considered fully renewable. These rules shall apply to the production of renewable liquid and gaseous transport fuels of n…
+ ### Article 2 — Definitions
− They shall apply regardless of whether the liquid and gaseous transport fuel of non-biological origin is produced inside or outside the territory of the Union.
− ### art_2
− 
− Article 2
− 
+ (1) ‘bidding zone’ means bidding zone as defined in Article 2, point (65), of Regulation (EU) 2019/943 of the European Parliament and of the Council (1) for Member States, or an equivalent concept for third countries;
− | (1) | ‘bidding zone’ means bidding zone as defined in Article 2, point (65), of Regulation (EU) 2019/943 of the European Parliament and of the Council (3) for Member States, or an equivalent concept for third countries; |
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+ (2) ‘direct line’ means direct line as defined in Article 2, point (41), of Directive (EU) 2019/944 of the European Parliament and of the Council (2);
− | (2) | ‘direct line’ means direct line as defined in Article 2, point (41), of Directive (EU) 2019/944 of the European Parliament and of the Council (4); |
− | --- | --- |
+ (3) ‘installation generating renewable electricity’ means individual units, or groups of units, producing electricity in one or several locations from the same or from different renewable sources, as defined in Article 2, point (1) of Directive (EU) 2018/2001, excluding units producing electricity f…
− | (3) | ‘installation generating renewable electricity’ means individual units, or groups of units, producing electricity in one or several locations from the same or from different renewable sources, as defined in Article 2, point (1) of Directive (EU) 2018/2001, excluding units producing electrici…
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+ (4) ‘fuel producer’ means an economic operator that produces renewable fuel of non-biological origin;
− | (4) | ‘fuel producer’ means an economic operator that produces renewable liquid and gaseous transport fuel of non-biological origin; |
− | --- | --- |
+ (5) ‘come into operation’ means starting production of renewable fuels of non-biological origin or renewable electricity for the first time or following a repowering as defined under Article 2, point (10) of Directive (EU) 2018/2001 requiring investments exceeding 30 % of the investment that would b…
− | (5) | ‘come into operation’ means starting production of renewable liquid and gaseous transport fuels of non-biological origin or renewable electricity for the first time or following a repowering as defined under Article 2, point (10) of Directive (EU) 2018/2001 requiring investments exceeding 30…
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+ (6) ‘smart metering system’ means smart metering system as defined in Article 2, point (23) of Directive (EU) 2019/944;
− | (6) | ‘smart metering system’ means smart metering system as defined in Article 2, point (23) of Directive (EU) 2019/944; |
− | --- | --- |
+ (7) ‘imbalance settlement period’ means imbalance settlement period as defined in Article 2, point (15) of Regulation (EU) 2019/943 within the Union, or an equivalent concept for third countries.
− | (7) | ‘imbalance settlement period’ means imbalance settlement period as defined in Article 2, point (15) of Regulation (EU) 2019/943 within the Union, or an equivalent concept for third countries. |
− | --- | --- |
+ ### Article 3 — Rules for counting electricity obtained from direct connection to an installation generating renewable electricity as fully renewable
− ### art_3
− Article 3
− 
+ (a) the installations generating renewable electricity are connected to the installation producing renewable fuel of non-biological origin via a direct line, or the renewable electricity production and production of renewable fuel of non-biological origin take place within the same installation;
− | (a) | the installations generating renewable electricity are connected to the installation producing renewable liquid and gaseous transport fuel of non-biological origin via a direct line, or the renewable electricity production and production of renewable liquid and gaseous transport fuel of non-…
− | --- | --- |
+ (b) the installations generating renewable electricity came into operation not earlier than 36 months before the installation producing renewable fuel of non-biological origin; where additional production capacity is added to an existing installation producing renewable fuel of non-biological origin…
− | (b) | the installations generating renewable electricity came into operation not earlier than 36 months before the installation producing renewable liquid and gaseous transport fuel of non-biological origin; where additional production capacity is added to an existing installation producing renewa…
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+ (c) the installation producing electricity is not connected to the grid, or the installation producing electricity is connected to the grid but a smart metering system that measures all electricity flows from the grid shows that no electricity has been taken from the grid to produce renewable fuel o…
− | (c) | the installation producing electricity is not connected to the grid, or the installation producing electricity is connected to the grid but a smart metering system that measures all electricity flows from the grid shows that no electricity has been taken from the grid to produce renewable li…
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+ ### Article 4 — General rules for counting electricity taken from the grid as fully renewable
− ### art_4
+ **1.** Fuel producers may count electricity taken from the grid as fully renewable if the installation producing the renewable fuel of non-biological origin is located in a bidding zone where the average proportion of renewable electricity exceeded 90 % in the previous calendar year and the producti…
− Article 4
+ This maximum number of hours shall be calculated by multiplying the total number of hours in each calendar year by the share of renewable electricity reported for the bidding zone where the renewable fuel of non-biological origin is produced. The average share of renewable electricity shall be deter…
− 1. Fuel producers may count electricity taken from the grid as fully renewable if the installation producing the renewable liquid and gaseous transport fuel of non-biological origin is located in a bidding zone where the average proportion of renewable electricity exceeded 90 % in the previous calen…
+ **2.** Where the conditions set out under paragraph 1 are not met, fuel producers may count electricity taken from the grid as fully renewable if the installation producing the renewable fuel of non-biological origin is located in a bidding zone where the emission intensity of electricity is lower t…
− This maximum number of hours shall be calculated by multiplying the total number of hours in each calendar year by the share of renewable electricity reported for the bidding zone where the renewable liquid and gaseous transport fuel of non-biological origin is produced. The average share of renewab…
+ **3.** ►M1 Electricity taken from the grid that is used to produce renewable fuel of non-biological origin may also be counted as fully renewable if the electricity used to produce renewable fuel of non-biological origin is consumed during an imbalance settlement period during which the fuel produce…
− 2. Where the conditions set out under paragraph 1 are not met, fuel producers may count electricity taken from the grid as fully renewable if the installation producing the renewable liquid and gaseous transport fuel of non-biological origin is located in a bidding zone where the emission intensity …
+ **4.** Where the conditions in paragraphs 1, 2 and 3 are not met, fuel producers may count electricity taken from the grid as fully renewable if it complies with the conditions on additionality, temporal correlation and geographic correlation in accordance with Articles 5, 6 and 7.
− | (a) | the fuel producers have concluded directly, or via intermediaries, one or more renewables power purchase agreements with economic operators producing renewable electricity in one or more installations generating renewable electricity for an amount that is at least equivalent to the amount of…
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− 
− | (b) | the conditions on temporal and geographical correlation in accordance with Articles 6 and 7 are met.The emission intensity of electricity shall be determined following the approach for calculating the average carbon intensity of grid electricity in the methodology for determining the greenho…
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+ ### Article 5 — Additionality
− 3. Electricity taken from the grid that is used to produce renewable liquid and gaseous transport fuel of non-biological origin may also be counted as fully renewable if the electricity used to produce renewable liquid and gaseous transport fuel of non-biological origin is consumed during an imbalan…
− 
− | (a) | power-generating installations using renewable energy sources were redispatched downwards in accordance with Article 13 of Regulation (EU) 2019/943; |
− | --- | --- |
− 
− | (b) | the electricity consumed for the production of renewable liquid and gaseous transport fuel of non-biological origin reduced the need for redispatching by a corresponding amount. |
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− 
− 4. Where the conditions in paragraphs 1, 2 and 3 are not met, fuel producers may count electricity taken from the grid as fully renewable if it complies with the conditions on additionality, temporal correlation and geographic correlation in accordance with Articles 5, 6 and 7.
− 
− ### art_5
− 
− Article 5
− 
− | (a) | The installation generating renewable electricity came into operation not earlier than 36 months before the installation producing the renewable liquid and gaseous transport fuel of non-biological origin.Where an installation generating renewable electricity complied with the requirements se…
− | --- | --- |
+ (a) The installation generating renewable electricity came into operation not earlier than 36 months before the installation producing the renewable fuel of non-biological origin. Where an installation generating renewable electricity complied with the requirements set out in the first subparagraph …
− | (b) | The installation generating renewable electricity has not received support in the form of operating aid or investment aid, excluding support received by installations before their repowering, financial support for land or for grid connections, support that does not constitute net support, su…
− | --- | --- |
+ (b) The installation generating renewable electricity has not received support in the form of operating aid or investment aid, excluding support received by installations before their repowering, financial support for land or for grid connections, support that does not constitute net support, such a…
− ### art_6
+ ### Article 6 — Temporal correlation
− Article 6
+ Until 31 December 2029 the temporal correlation condition referred to in Article 4(2) and (4), shall be considered complied with if the renewable fuel of non-biological origin is produced during the same calendar month as the renewable electricity produced under the renewables power purchase agreeme…
− Until 31 December 2029 the temporal correlation condition referred to in Article 4(2) and (4), shall be considered complied with if the renewable liquid and gaseous transport fuel of non-biological origin is produced during the same calendar month as the renewable electricity produced under the rene…
+ From 1 January 2030, the temporal correlation condition shall be considered complied with if the renewable fuel of non-biological origin is produced during the same one-hour period as the renewable electricity produced under the renewables power purchase agreement or from renewable electricity from …
− From 1 January 2030, the temporal correlation condition shall be considered complied with if the renewable liquid and gaseous transport fuel of non-biological origin is produced during the same one-hour period as the renewable electricity produced under the renewables power purchase agreement or fro…
+ The temporal correlation condition shall always be considered complied with if the renewable fuel of non-biological origin is produced during a one-hour period where the clearing price of electricity resulting from single day-ahead market coupling in the bidding zone, as referred to in Article 39(2)…
− The temporal correlation condition shall always be considered complied with if the renewable liquid and gaseous transport fuel of non-biological origin is produced during a one-hour period where the clearing price of electricity resulting from single day-ahead market coupling in the bidding zone, as…
+ ### Article 7 — Geographical correlation
− ### art_7
+ **1.** The geographical correlation condition referred to in Article 4(2) and (4) shall be considered complied with if at least one of the following criteria relating to the location of the electrolyser is fulfilled:(a) the installation generating renewable electricity under the renewables power pur…
− Article 7
+ **2.** Without prejudice to Articles 14 and 15 of Regulation (EU) 2019/943, Member States may introduce additional criteria concerning the location of electrolysers and the installation producing renewable electricity to the criteria set out in paragraph 1, in order to ensure compatibility of capaci…
− 1. The geographical correlation condition referred to in Article 4(2) and (4) shall be considered complied with if at least one of the following criteria relating to the location of the electrolyser is fulfilled:
+ ### Article 8 — Common rules
− | (a) | the installation generating renewable electricity under the renewables power purchase agreement is located, or was located at the time when it came into operation, in the same bidding zone as the electrolyser; |
− | --- | --- |
− 
− | (b) | the installation generating renewable electricity is located in an interconnected bidding zone, including in another Member State, and electricity prices in the relevant time period on the day-ahead market referred to in Article 6 in the interconnected bidding zone is equal or higher than in…
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− 
− | (c) | the installation generating renewable electricity under the renewables power purchase agreement is located in an offshore bidding zone that is interconnected with the bidding zone where the electrolyser is located. |
− | --- | --- |
− 
− 2. Without prejudice to Articles 14 and 15 of Regulation (EU) 2019/943, Member States may introduce additional criteria concerning the location of electrolysers and the installation producing renewable electricity to the criteria set out in paragraph 1, in order to ensure compatibility of capacity a…
− 
− ### art_8
− Article 8
− 
+ (a) ►M1 the amount of electricity used to produce renewable fuel of non-biological origin, further detailed as follows:** ◄ ** (i) the amount of electricity sourced from the grid that does not count as fully renewable as well as the proportion of renewable electricity; (ii) the amount of electricity…
− | (a) | the amount of electricity used to produce renewable liquid and gaseous transport fuel of non-biological origin, further detailed as follows:(i)the amount of electricity sourced from the grid that does not count as fully renewable as well as the proportion of renewable electricity;(ii)the amo…
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− | (i) | the amount of electricity sourced from the grid that does not count as fully renewable as well as the proportion of renewable electricity; |
− | (ii) | the amount of electricity that counts as fully renewable because it has been obtained from a direct connection to an installation generating renewable electricity as set out in Article 3; |
− | (iii) | the amount of electricity sourced from the grid that counts as fully renewable in accordance with the criteria set out in Article 4(1); |
− | (iv) | the amount of electricity that counts as fully renewable in accordance with the criteria set out in Article 4(2); |
− | (v) | the amount of electricity that counts as fully renewable in accordance with the criteria set out in Article 4(3); |
− | (vi) | the amount of electricity that counts as fully renewable in accordance with the criteria set out in Article 4(4); |
+ (b) the amount of renewable electricity generated by the installations generating renewable electricity, regardless of whether they are directly connected to an electrolyser and regardless of whether the renewable electricity is used for the production of the renewable fuel of non-biological origin …
− | (b) | the amount of renewable electricity generated by the installations generating renewable electricity, regardless of whether they are directly connected to an electrolyser and regardless of whether the renewable electricity is used for the production of the renewable liquid and gaseous transpo…
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+ (c) the amounts of renewable and non-renewable fuel of non-biological origin produced by the fuel producer.
− | (c) | the amounts of renewable and non-renewable liquid and gaseous transport fuel of non-biological origin produced by the fuel producer. |
− | --- | --- |
+ ### Article 9 — Certification of compliance
− ### art_9
+ Regardless of whether the renewable fuel of non-biological origin is produced inside or outside the territory of the Union, fuel producers may make use of national schemes or international voluntary schemes recognised by the Commission pursuant to Article 30(4) of Directive (EU) 2018/2001 to demonst…
− Article 9
+ Where a fuel producer provides evidence or data obtained in accordance with a scheme that has been the subject of a decision in accordance with Article 30(4) of Directive (EU) 2018/2001, to the extent that such decision covers the demonstrating of compliance of the scheme with Article 27(3), fifth a…
− Regardless of whether the renewable liquid and gaseous transport fuel of non-biological origin is produced inside or outside the territory of the Union, fuel producers may make use of national schemes or international voluntary schemes recognised by the Commission pursuant to Article 30(4) of Direct…
+ ### Article 10 — Reporting
− Where a fuel producer provides evidence or data obtained in accordance with a scheme that has been the subject of a decision in accordance with Article 30(4) of Directive (EU) 2018/2001, to the extent that such decision covers the demonstrating of compliance of the scheme with Article 27(3), fifth a…
− 
− ### art_10
− Article 10
− 
+ ### Article 11 — Transitional phase
− ### art_11
+ Article 5, points (a) and (b) shall not apply until 1 January 2038 to installations producing renewable fuel of non-biological origin that come into operation before 1 January 2028. This exemption shall not apply to capacity added after 1 January 2028 for the production of renewable fuel of non-biol…
− Article 11
+ ### Article 12 — Entry into force
− Article 5, points (a) and (b) shall not apply until 1 January 2038 to installations producing renewable liquid and gaseous transport fuel of non-biological origin that come into operation before 1 January 2028. This exemption shall not apply to capacity added after 1 January 2028 for the production …
+ This Regulation shall enter into force on the twentieth day following that of its publication in the *Official Journal of the European Union*.
− ### art_12
− 
− Article 12
− 
− This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.