EU32024D3181
Directive (EU) 2018/2001 lays down requirements for certain fuels, namely biofuels, bioliquids, biomass fuels, renewable fuels of non-biological origin and recycled carbon fuels, to ensure that they can only be counted towards the targets set in that Directive if they have been sustainably produced and save significant greenhouse gas emissions compared to fossil fuels. Article 29 of Directive (EU) 2018/2001 lays down sustainability and greenhouse gas emissions saving criteria for biofuels, bioli
- Jurisdiction:
- European Union
- Type:
- Labeling · Incentives · Other
- Last action:
- Jan 1, 2024
BiobasedAgricultureOrganics
Confirm your obligations with European Commission — Environment (Circular Economy) and track its implementing rules
Next deadline: Dec 21, 2029
Applies toEconomic operators in the chain of custody for biomass fuels, including producers, manufacturers, brand owners, and importers who must demonstrate compliance with sustainability and greenhouse gas emissions saving…
Obligations under this law
- ·Demonstrate compliance with sustainability criteria laid down in Article 29(6) and (7) of Directive (EU) 2018/2001 for biomass fuels to count towards renewable energy targets
- ·Provide accurate data on greenhouse gas emissions savings for the purpose of Article 29(10) of Directive (EU) 2018/2001
- ·Ensure all relevant information from upstream economic operators in the chain of custody is transferred to downstream economic operators
No designated program action is recorded for this measure yet — treat the above as the general obligation and verify against the source text.
Directive 2018/2001 (RED III) establishes sustainability and GHG-savings criteria for biofuels and biomass fuels, advancing circular-economy principles in the biological cycle through mandatory sustainability standards, labeling/certification requirements, and incentive structures (renewable energy targets) that favor sustainably-produced bio-based fuels over fossil alternatives.
Covered Products
- ·Biomass fuels produced from forest biomass
- ·Biomass fuels produced from biomass from waste and residues from industries related to forestry
Producer Obligations
- ·Demonstrate compliance with sustainability criteria laid down in Article 29(6) and (7) of Directive (EU) 2018/2001 for biomass fuels to count towards renewable energy targets
- ·Provide accurate data on greenhouse gas emissions savings for the purpose of Article 29(10) of Directive (EU) 2018/2001
- ·Ensure all relevant information from upstream economic operators in the chain of custody is transferred to downstream economic operators
- ·Apply a mass balance methodology in accordance with Article 30(1) and (2) of Directive (EU) 2018/2001
- ·Comply with Commission Implementing Regulation (EU) 2022/996 on rules to verify sustainability and greenhouse gas emissions saving criteria
- ·Comply with Commission Implementing Regulation (EU) 2022/2448 on evidence for demonstrating compliance with sustainability criteria for forest biomass
- ·Use a recognised voluntary scheme (such as PEFC) or alternative means to certify compliance with sustainability criteria
- ·Notify the Commission without delay of any changes to the PEFC voluntary scheme content that might affect the grounds of the recognition decision (obligation on the scheme, relevant to operators relying on it)
Key Deadlines
Dec 21, 2024compliance: Decision enters into force the day following publication in the Official Journal (published 20 December 2024); PEFC recognition becomes effective
Dec 21, 2029other: Expiry date of the PEFC voluntary scheme recognition; producers relying on PEFC certification must ensure continued valid recognition beyond this date
Producer Definition
Economic operators in the chain of custody for biomass fuels, including producers, manufacturers, brand owners, and importers who must demonstrate compliance with sustainability and greenhouse gas emissions saving criteria under Directive (EU) 2018/2001
Enforcement
European Commission (assessment and recognition of voluntary schemes); Member State competent authorities (enforcement of Directive (EU) 2018/2001 sustainability criteria): Non-compliant biomass fuels cannot be counted towards renewable energy targets set in Directive (EU) 2018/2001
Preemption Notes
This is an EU-level implementing decision recognising a voluntary certification scheme. It harmonises the means of demonstrating compliance across all EU Member States, reducing risk of divergent national requirements for biomass fuel sustainability certification.
Tracking dates like these across a whole portfolio of jurisdictions is what Upcoming Deadlines does.
Full bill text
Official Journal of the European Union EN L series 2024/3181 20.12.2024 COMMISSION IMPLEMENTING DECISION (EU) 2024/3181 of 19 December 2024 on the recognition of the ‘Programme for the Endorsement of Forest Certification -PEFC’ voluntary scheme for demonstrating compliance with the requirements for biomass fuels set out in Directive (EU) 2018/2001 of the European Parliament and of the Council (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources ( 1 ) , and in particular Article 30(4) and (5) thereof, Whereas: (1) Directive (EU) 2018/2001 lays down requirements for certain fuels, namely biofuels, bioliquids, biomass fuels, renewable fuels of non-biological origin and recycled carbon fuels, to ensure that they can only be counted towards the targets set in that Directive if they have been sustainably produced and save significant greenhouse gas emissions compared to fossil fuels. Article 29 of Directive (EU) 2018/2001 lays down sustainability and greenhouse gas emissions saving criteria for biofuels, bioliquids and biomass fuels. (2) Voluntary schemes play an important role in providing evidence of compliance with the sustainability and greenhouse gas emissions savings criteria for biofuels, bioliquids and biomass fuels. Under Directive (EU) 2018/2001, voluntary schemes can be used to certify compliance of all fuels produced from biomass with the sustainability criteria laid down in that Directive and provide accurate data on their greenhouse gas emissions savings. (3) On 29 June 2021, the ‘Programme for the Endorsement of Forest Certification – PEFC’ voluntary scheme submitted a request to the Commission for recognition pursuant to Article 30(4) of Directive (EU) 2018/2001. The Commission assessed the scheme and identified some issues requiring amendments. (4) The ‘PEFC’ voluntary scheme re-submitted its request on 4 October 2024, addressing the issues identified by the Commission. In the Commission’s analysis of the re-submitted request, it was found that the ‘PEFC’ voluntary scheme adequately covers the sustainability criteria for the production of biomass fuels from forest biomass. The scheme was also found to adequately cover the greenhouse gas emissions savings criteria for biomass fuels. (5) The ‘PEFC’ voluntary scheme covers biomass fuels produced: (i) from forest biomass and (ii) from biomass from waste and residues from industries related to forestry. It has global geographic coverage and encompasses the entire forest supply chain. (6) In assessing the ‘PEFC’ voluntary scheme, the Commission found that it adequately covered the sustainability criteria laid down in Article 29(6) and (7) of Directive (EU) 2018/2001. The Commission also found that the scheme provided accurate data on greenhouse gas emissions savings for the purposes of Article 29(10) of that Directive and applied a mass balance methodology in accordance with the requirements of Article 30(1) and (2) of that Directive. (7) The Commission found that the ‘PEFC’ voluntary scheme adequately complied with the rules included in Commission Implementing Regulation (EU) 2022/996 ( 2 ) . (8) The scheme has also been found to comply with the rules included in Commission Implementing Regulation (EU) 2022/2448 ( 3 ) . (9) The Commission assessment of the ‘PEFC’ voluntary scheme found that it met adequate standards of reliability, transparency and independent auditing and complied with the methodological requirements set out in Annex VI to Directive (EU) 2018/2001. (10) The information that the ‘PEFC’ voluntary scheme has been recognised should be made available in the section on the Commission’s ‘Europa’ website devoted to voluntary schemes. (11) To allow for prompt application of the measures provided for herein, this Decision should enter into force on the day following that of its publication in the Official Journal of the European Union . (12) The measures provided for in this Decision are in accordance with the opinion of the Committee on the Sustainability of Biofuels, Bioliquids and Biomass fuels, HAS ADOPTED THIS DECISION: Article 1 The ‘Programme for the Endorsement of Forest Certification – PEFC’ voluntary scheme, submitted to the Commission on 4 October 2024 for recognition, demonstrates the compliance of consignments of biomass fuels with the sustainability criteria laid down in Article 29(6) and (7) of Directive (EU) 2018/2001. The ‘PEFC’ voluntary scheme also provides accurate data on greenhouse gas emissions savings for the purpose of Article 29(10) of Directive (EU) 2018/2001 as it ensures that all relevant information from economic operators upstream in the chain of custody is transferred to the economic operators downstream in the chain of custody. Article 2 Where the content of the ‘PEFC’ voluntary scheme, as submitted to the Commission on 4 October 2024 for recognition, change in a way that might affect the grounds of this Decision, the ‘PEFC’ voluntary scheme shall notify the Commission of such changes without delay. The Commission shall assess the notified changes with a view to establishing whether the ‘PEFC’ voluntary scheme still adequately covers the criteria for which it has been recognised. Article 3 This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union . It shall apply until 21 December 2029. Done at Brussels, 19 December 2024. For the Commission The President Ursula VON DER LEYEN ( 1 ) OJ L 328, 21.12.2018, p. 82 , ELI: http://data.europa.eu/eli/dir/2018/2001/oj . ( 2 ) Commission Implementing Regulation (EU) 2022/996 of 14 June 2022 on rules to verify sustainability and greenhouse gas emissions saving criteria and low indirect land-use change-risk criteria ( OJ L 168, 27.6.2022, p. 1 , ELI: http://data.europa.eu/eli/reg_impl/2022/996/oj ). ( 3 ) Commission Implementing Regulation (EU) 2022/2448 of 13 December 2022 on establishing operational guidance on the evidence for demonstrating compliance with the sustainability criteria for forest biomass laid down in Article 29 of Directive (EU) 2018/2001 of the European Parliament and of the Council ( OJ L 320, 14.12.2022, p. 4 , ELI: http://data.europa.eu/eli/reg_impl/2022/2448/oj ). ELI: http://data.europa.eu/eli/dec_impl/2024/3181/oj ISSN 1977-0677 (electronic edition)
Full text as ingested. Verify against the official source above.