(1)

Directive (EU) 2018/2001 lays down requirements for certain fuels, namely biofuels, bioliquids, biomass fuels, renewable liquid and gaseous 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 the Directive lays down sustainability and greenhouse gas emissions saving criteria for biofuels, bioliquids, and biomass fuels. Furthermore, Article 26 of the Directive and Commission Delegated Regulation (EU) 2019/807 (2) lay down the criteria to determine which feedstock for biofuels, bioliquids or biomass fuels has high indirect land-use change risk, on the one hand, and which high indirect land-use change-risk biofuels, bioliquids or biomass fuels that meet certain conditions can be certified as having low indirect land-use change risk, on the other hand. Article 25(2) of the Directive lays down greenhouse gas emissions saving criteria for renewable liquid and gaseous fuels of non-biological origin and recycled carbon fuels used in transport. Article 28(2) of the Directive requires economic operators to enter information in a Union database on the transactions made and the sustainability characteristics of some renewable fuels (biofuels, biogas and renewable liquid and gaseous fuels of non-biological origin) and recycled carbon fuels used in transport.

(2)

Directive (EU) 2018/2001 also lays down rules for the calculation of the contribution of renewable electricity to the transport targets. In particular, Article 27(3) of that Directive lays down the rules on how to calculate this contribution, both when the electricity is directly used to power electric vehicles and when it is used to produce renewable liquid and gaseous fuels of non-biological origin that are used in transport.

(3)

Voluntary schemes have played an important role in providing evidence of compliance with the sustainability and greenhouse gas emissions saving criteria for biofuels and bioliquids. Under Directive (EU) 2018/2001, voluntary schemes can be used to certify compliance of all fuels produced from biomass, including gaseous and solid fuels, with the sustainability criteria laid down in that Directive, and provide accurate data on their greenhouse gas emissions savings, as well as to certify compliance of renewable liquid and gaseous transport fuels of non-biological origin and recycled carbon fuels with their greenhouse gas emissions saving criteria and to prove compliance with the provisions of Article 27(3) of that Directive regarding the calculation of the share of renewable electricity in transport. 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 used in transport in accordance with Article 28(4) of Directive (EU) 2018/2001. Furthermore, voluntary schemes can be used to certify biofuels, bioliquids and biomass fuels with low indirect land-use change-risk. The Commission may decide that voluntary national or international schemes can serve all or some of these purposes.

(4)

Pursuant to Article 30(9) of Directive (EU) 2018/2001, where an economic operator provides proof of or data on compliance with the sustainability and greenhouse gas emissions saving criteria, obtained in accordance with a voluntary scheme that has been recognised by the Commission, to the extent covered by the recognition decision, a Member State is not to require the supplier to provide further evidence.

(5)

The Sustainable Biomass Program voluntary scheme (‘SBP scheme’) submitted a request to the Commission, for recognition pursuant to Article 30(4) of Directive (EU) 2018/2001 on 15 October 2020. The request led to an assessment of that scheme by the Commission, in which some issues requiring modification were identified. The SBP scheme re-submitted its request on 2 December 2021, addressing the issues which had been identified.

(6)

The SBP scheme covers the following types of feedstock(s): (a) ligno-cellulosic material derived from forest and non-forest land; (b) processing residues from forest and agriculture related industries (outside forest and agricultural land). Agricultural residues from agricultural land are excluded. The SBP scheme covers biomass fuels (pellets and wood chips) produced from forest and non-forest ligno-cellulosic material and forest and agriculture related industry processing residues for heat and electricity production. ‘Bioliquids’, ‘biofuels’, ‘biogas’, ‘renewable liquid and gaseous transport fuels of non-biological origin’ and ‘recycled carbon fuels’ are outside of the scope of the SBP scheme. The SBP scheme has a global geographic coverage and encompasses the entire chain of custody.

(7)

In assessing the SBP scheme, the Commission found that it covers adequately the sustainability criteria laid down in Article 29(6) to (7) of Directive (EU) 2018/2001, contains accurate data on greenhouse gas emission savings for the purposes of Article 29(10) of that Directive and applies a mass balance methodology in accordance with the requirements of Article 30(1) and (2) of that Directive. This assessment does not take into account the forthcoming implementing acts, to be adopted in accordance with Article 29(8) and Article 30(8) of Directive (EU) 2018/2001, on providing guidance for demonstrating compliance with the sustainability criteria laid down in Article 29(6) and (7) of that Directive and on rules to verify sustainability and greenhouse gas emissions saving criteria and low indirect land-use change-risk criteria. The SBP scheme will therefore be re-assessed when such implementing acts will be adopted

(8)

The assessment of the SBP scheme found that it meets adequate standards of reliability, transparency and independent auditing and complies with the methodological requirements set out in Annex VI to Directive (EU) 2018/2001.

(9)

The recognised SBP scheme should be made available in the section devoted to voluntary schemes on the Commission’s Europa website.

(10)

In order to allow for prompt application of the measures provided for in this Decision, this Decision should enter into force on the day following that of its publication in the Official Journal of the European Union.

(11)

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 established by Article 34(2) of Directive (EU) 2018/2001.