BAKGRUNN (fra kommisjonsbeslutningen)

(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 Delegated Regulation (EU) 2023/1184 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 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, 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 [OP: please enter the date = one day before the date of the entry into force of Directive (EU) 2023/2413]. 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) 2022/9965 . 

(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 ‘REDcertEU’ 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,