2024/3194

20.12.2024

COMMISSION IMPLEMENTING DECISION (EU) 2024/3194

of 19 December 2024

on the recognition of the ‘REDcert-EU’ voluntary scheme for demonstrating compliance with the requirements for biofuels, bioliquids, biomass fuels, renewable fuels of non-biological origin and recycled carbon fuels set out in Directive (EU) 2018/2001 of the European Parliament and of the Council, and repealing Commission Implementing Decision (EU) 2022/605

(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. Article 27(6) of Directive (EU) 2018/2001 as well as Commission Delegated Regulation (EU) 2023/1184 (2) lay down rules for the production of renewable fuels of non-biological origin from renewable electricity. Article 29a(1) and (2) of Directive (EU) 2018/2001 lays down greenhouse gas emissions saving criteria for renewable fuels of non-biological origin and for recycled carbon fuels. Commission Delegated Regulation (EU) 2023/1185 (3) lays down rules specifying the methodology for assessing greenhouse gas emissions savings from renewable fuels of non-biological origin and from recycled carbon fuels. Article 31a(2) of Directive (EU) 2018/2001 requires economic operators to enter information in a Union database on the transactions made and the sustainability characteristics of liquid and gaseous renewable fuels and recycled carbon 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 (i) certify compliance of all fuels produced from biomass with the sustainability criteria laid down in that Directive; and (ii) provide accurate data on their greenhouse gas emissions savings. In addition, voluntary schemes can be used to certify compliance of renewable fuels of non-biological origin and recycled carbon fuels with their greenhouse gas emissions saving criteria set out in Article 29a of that Directive applying the methodology set out in Delegated Regulation (EU) 2023/1185 and to prove compliance with Article 27(6) of Directive (EU) 2018/2001 and Delegated Regulation (EU) 2023/1184 regarding the calculation of the share of renewable electricity used to produce renewable fuels of non-biological origin. Voluntary schemes can also be used to prove that economic operators enter accurate information into the Union or national database on some renewable fuels and recycled carbon fuels in accordance with Article 31a(2) and (5) of Directive (EU) 2018/2001. The Commission may decide that voluntary national or international schemes can serve all or some of these purposes.

(3) On 15 December 2020, the ‘REDcert-EU’ 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 amendment. The ‘REDcert-EU’ voluntary scheme re-submitted its request on 18 June 2021, addressing the identified issues. In response, the Commission adopted Implementing Decision (EU) 2022/605 (4), recognising the ‘REDcert-EU’ voluntary scheme as demonstrating compliance for biofuels, bioliquids and biomass fuels (i) with the sustainability and greenhouse gas emissions savings criteria laid down in Article 29(2) to (5) and (10) of Directive (EU) 2018/2001 and (ii) with the obligation to enter accurate information into the Union or national database on renewable fuels and recycled carbon fuels in the transport sector according to Article 28(4) of Directive (EU) 2018/2001 in the version in force on 19 November 2023. The scheme was also recognised for demonstrating compliance for biofuels, bioliquids and biomass fuels for the purpose of Article 29(10) of Directive (EU) 2018/2001 in as far as it ensures that all relevant information from economic operators upstream from the chain of custody is transferred to the economic operators downstream from the chain of custody.

(4) On 23 August 2023, the ‘REDcert-EU’ voluntary scheme submitted a further request to the Commission for recognition pursuant to Article 30(4) of Directive (EU) 2018/2001 as regards the production of renewable fuels of non-biological origin and recycled carbon fuels. The Commission assessed that scheme and identified some issues requiring amendment. In its resubmission of 24 July 2024, the ‘REDcert-EU’ voluntary scheme correctly addressed the issues and the Commission found that the ‘REDcert-EU’ voluntary scheme adequately covers the rules set out in Article 27(6) of Directive (EU) 2018/2001 and Delegated Regulation (EU) 2023/1184 for the production of renewable fuels of non-biological origin and provides accurate data on greenhouse gas emissions savings renewable fuels of non-biological origin and recycled carbon fuels for the purposes of Article 29a(1) and (2) of Directive (EU) 2018/2001 and is in line with the methodology set out in Delegated Regulation (EU) 2023/1185.

(5) In assessing the ‘REDcert-EU’ voluntary scheme, the Commission found that it adequately covered the sustainability and greenhouse gas emissions savings criteria for biofuels, bioliquids and biomass fuels in Article 29(2) to (5) and (10) of Directive (EU) 2018/2001. It was also found that the scheme contains accurate data on greenhouse gas emissions savings for the purposes of Article 29(10) of that Directive and applies a mass balance methodology in accordance with the requirements of its Article 30(1) and (2) of that Directive. In addition, the Commission found that, concerning renewable fuels of non-biological origin, the scheme adequately covers the rules set out in Article 27(6) of Directive (EU) 2018/2001 and Delegated Regulation (EU) 2023/1184. Lastly, the Commission also found that the scheme provides accurate data on greenhouse gas emissions savings for renewable fuels of non-biological origin and recycled carbon fuels for the purposes of Article 29a(1) and (2) of Directive (EU) 2018/2001 and is in line with the methodology set out in Delegated Regulation (EU) 2023/1185.

(6) Concerning biofuels, bioliquids and biomass fuels, the scheme covers all feedstocks including wastes and residues and the entire chain of custody (for biomethane from the production unit up to the point of consumption). The scheme also covers all types of renewable fuels of non-biological origin and recycled carbon fuels and encompasses the entire chain of custody. It has a global geographic coverage.

(7) The assessment of the ‘REDcert-EU’ scheme found that it meets adequate standards of reliability, transparency and independent auditing and complies for biofuels, bioliquids and biomass fuels with the methodological requirements set out in Annexes V and VI to Directive (EU) 2018/2001.

(8) In addition, the scheme applies a mass balance methodology in accordance with the requirements of Article 30(1) and (2) of Directive (EU) 2018/2001.

The Commission has assessed the scheme and found that it complies with the Commission Implementing Regulation (EU) 2022/996 (5).

(9) For reasons of transparency and clarity, it is appropriate to set out in a comprehensive manner all the sustainability and greenhouse gas emissions criteria that the ‘REDcert-EU’ scheme is considered to adequately cover. Therefore, Implementing Decision (EU) 2022/605 should be repealed and replaced by this Decision.

(10) The information that the ‘REDcert-EU’ 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 ‘REDcert-EU’ voluntary scheme demonstrates, for the fuels audited under the scheme, the following elements:

(a) compliance of the consignments of biofuels, bioliquids and biomass fuels with the sustainability and greenhouse gas emissions savings criteria laid down in Article 29(2) to (5) and (10) of Directive (EU) 2018/2001;

(b) contains accurate data on greenhouse gas emission savings for the purpose of Article 29(10) of Directive (EU) 2018/2001 in as far as it ensures that all relevant information from economic operators upstream the chain of custody is transferred to the economic operators downstream the chain of custody;

(c) compliance of consignments of renewable fuels of non-biological origin with Article 27(6), first to fourth subparagraph of Directive (EU) 2018/2001 and the relevant criteria laid down in Delegated Regulation (EU) 2023/1184;

(d) accurate data on greenhouse gas emissions savings of renewable fuels of non-biological origin and recycled carbon fuels for the purpose of Article 29a(1) and (2) of Directive (EU) 2018/2001 and is in line with the methodology set out in Delegated Regulation (EU) 2023/1185;

(e) compliance of economic operators with the obligation to enter accurate information into the Union or national database on liquid and gaseous renewable fuels and recycled carbon fuels in accordance with Article 31a(5) of Directive (EU) 2018/2001.

Article 2

Where the contents of the ‘REDcert-EU’ voluntary scheme, as submitted for recognition to the Commission on 18 June 2021 and 24 July 2024, change in a way that might affect the grounds of this Decision, the ‘REDcert-EU’ voluntary scheme shall notify to the Commission such changes without delay.

The Commission shall assess the notified changes with a view to establishing whether the ‘REDcert-EU’voluntary scheme still adequately covers the criteria for which it is recognised.

Article 3

Implementing Decision (EU) 2022/605 is repealed.

Article 4

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: ELI:

http://data.europa.eu/eli/dir/2018/2001/oj

(2) Commission Delegated Regulation (EU) 2023/1184 of 10 February 2023 supplementing Directive (EU) 2018/2001 of the European Parliament and of the Council by establishing a Union methodology setting out detailed rules for the production of renewable liquid and gaseous transport fuels of non-biological origin (

OJ L 157, 20.6.2023, p. 11

, ELI:

http://data.europa.eu/eli/reg_del/2023/1184/oj

(3) Commission Delegated Regulation (EU) 2023/1185 of 10 February 2023 supplementing Directive (EU) 2018/2001 of the European Parliament and of the Council by establishing a minimum threshold for greenhouse gas emissions savings of recycled carbon fuels and by specifying a methodology for assessing greenhouse gas emissions savings from renewable liquid and gaseous transport fuels of non-biological origin and from recycled carbon fuels (

OJ L 157, 20.6.2023, p. 20

, ELI:

http://data.europa.eu/eli/reg_del/2023/1185/oj

(4) Commission Implementing Decision (EU) 2022/605 of 8 April 2022 on the recognition of the ‘REDcert-EU’ voluntary scheme for demonstrating compliance with the requirements set in Directive (EU) 2018/2001 of the European Parliament and of the Council for biofuels, bioliquids, biomass fuels, renewable liquid and gaseous fuels of non-biological origin and recycled carbon fuels (

OJ L 114, 12.4.2022, p. 191

, ELI:

http://data.europa.eu/eli/dec_impl/2022/605/oj

(5) 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_del/2022/996/oj

ELI: http://data.europa.eu/eli/dec_impl/2024/3194/oj

ISSN 1977-0677 (electronic edition)