(fra kommisjonsforordningen)

(1) The review of the data on feedstock expansion has shown that the pattern of production expansion of the relevant food and feed crops as well as the productivity factors have changed. It is therefore appropriate to update the data of the expansion in the Annex of Commission Delegated Regulation (EU) 2019/807 as well as the productivity factors applied in the formula set out in Article 3. To ensure that data on feedstock expansion are representative, it is necessary that the period over which the expansion of each crop is determined is long enough to counterbalance incidental statistical fluctuations in annual data. It is therefore appropriate to consider data as of 2014. 

(2) Additionality measures differ with regard to the time period that passes until they yield additional feedstock. It is therefore appropriate to measure the period of their eligibility based on the point in time when the production of additional feedstock started, rather than the point in time of their implementation. 

(3) Directive (EU) 2018/2001 calls for a specific limit to biofuels, bioliquids and biomass fuels produced from food and feed crops with high ILUC-risk and for which a significant expansion of their feedstock production area into land with high carbon stock is observed, in the amount of their level of consumption in each Member State in 2019. Starting from 31 December 2023, their contribution should be gradually reduced to 0 % by 2030 at the latest. 

(4) The Commission is tasked with establishing a trajectory for the reduction of the contribution of those fuels. This trajectory sets a limit to the maximum contribution from those fuels in a given year, ensuring that the contribution in 2030 is 0%. It is appropriate to apply a linear trajectory, as this approach avoids abrupt changes and enables a gradual adjustment of the market, while at the same time ensuring a reduction of the contribution to 0% by 2030. The trajectory should start in 2024, year for which data on the progress on renewable energy will be reported by Member States for the first time in 2027 under Regulation (EU) 2018/1999. 

(5) Directive (EU) 2023/2413 amended Article 26(2) of Directive (EU) 2018/2001 by introducing, in its sixth subparagraph, an obligation addressed to the Commission to regularly review the criteria for certification of low indirect land-use change-risk biofuels, bioliquids and biomass fuels and for determining the high indirect land-use change-risk feedstock for which a significant expansion of the production area into land with high-carbon stock is observed, and to update the Delegated Regulation (EU) 2019/807 in light of evolving circumstances and the latest available scientific evidence. It is therefore appropriate to repeal Article 7 of that Regulation. 

(6) Agricultural practises such as sequential cropping and intercropping have potential to improve the productivity of agriculture. As part of the review of Implementing Regulation (EU) 2022/996, expected by the end of 2026, the Commission will assess whether it is appropriate to further specify the certification framework of low indirect land-use change-risk biofuels, bioliquids and biomass fuels as regards the coverage of such practices, while preserving environmental safeguards. The Commission may further examine the suitability of regional approaches. 

(7) Delegated Regulation (EU) 2019/807 should therefore be amended accordingly,