Official Journal |
EN L series |
2024/1408 |
21.5.2024 |
COMMISSION DELEGATED REGULATION (EU) 2024/1408
of 14 March 2024
amending Commission Delegated Regulation (EU) 2023/1184 as regards aligning a technical term with Directive (EU) 2018/2001 of the European Parliament and of the Council
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 27(6), fourth subparagraph thereof,
Whereas:
(1) |
Directive (EU) 2023/2413 of the European Parliament and of the Council (2) amended Directive (EU) 2018/2001 by replacing the term ‘renewable liquid and gaseous transport fuels of non-biological origin’ by the term ‘renewable fuels of non-biological origin’ throughout the Directive, modifying its definition. Those changes expanded the scope of the replaced term in Directive (EU) 2018/2001, which previously referred only to liquid and gaseous fuels used in the transport sector but, following the amendment, it also refers to liquid and gaseous fuels used in the electricity sector, in non-energy purposes in the industrial sector and in the heating and cooling sector. |
(2) |
Commission Delegated Regulation (EU) 2023/1184 (3) should be amended accordingly in order to align it with Directive (EU) 2018/2001 as amended by Directive (EU) 2023/2413. Therefore, the term ‘renewable liquid and gaseous transport fuels of non-biological origin’ should be replaced by the term ‘renewable fuels of non-biological origin’ in that Delegated Regulation, |
HAS ADOPTED THIS REGULATION:
Article 1
Amendments to Delegated Regulation (EU) 2023/1184
Delegated Regulation (EU) 2023/1184 is amended as follows:
(1) |
The title is replaced by the following: ‘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 fuels of non-biological origin’; |
(2) |
Article 1 is replaced by the following: ‘Article 1 Subject matter This Regulation lays down detailed rules for determining when electricity used for the production of renewable fuels of non-biological origin can be considered fully renewable. These rules shall apply to the production of renewable fuels of non-biological origin via electrolysis and analogously for less common production pathways. They shall apply regardless of whether the renewable fuel of non-biological origin is produced inside or outside the territory of the Union.’ |
(3) |
in Article 2, points (4) and (5) are replaced by the following:
|
(4) |
in Article 3, points (a), (b) and (c) are replaced by the following:
|
(5) |
Article 4 is amended as follows:
|
(6) |
in Article 5, points (a) and (b) are replaced by the following:
|
(7) |
Article 6 is replaced by the following: ‘Article 6 Temporal correlation Until 31 December 2029 the temporal correlation condition referred to in Article 4(2) and (4), shall be considered complied with if the renewable fuel of non-biological origin is produced during the same calendar month as the renewable electricity produced under the renewables power purchase agreement or from renewable electricity from a new storage asset that is located behind the same network connection point as the electrolyser or the installation generating renewable electricity, that has been charged during the same calendar month in which the electricity under the renewables power purchase agreement has been produced. From 1 January 2030, the temporal correlation condition shall be considered complied with if the renewable fuel of non-biological origin is produced during the same one-hour period as the renewable electricity produced under the renewables power purchase agreement or from renewable electricity from a new storage asset that is located behind the same network connection point as the electrolyser or the installation generating renewable electricity, that has been charged during the same one-hour period in which the electricity under the renewables power purchase agreement has been produced. Following a notification to the Commission, Member States may apply the rules set out in this paragraph from 1 July 2027 for renewable fuel of non-biological origin produced in their territory. The temporal correlation condition shall always be considered complied with if the renewable fuel of non-biological origin is produced during a one-hour period where the clearing price of electricity resulting from single day-ahead market coupling in the bidding zone, as referred to in Article 39(2), point (a) of Commission Regulation (EU) 2015/1222 (*2), is lower or equal to EUR 20 per MWh or lower than 0,36 times the price of an allowance to emit 1 tonne of carbon dioxide equivalent during the relevant period for the purpose of meeting the requirements of Directive 2003/87/EC of the European Parliament and of the Council (*3). (*2) Commission Regulation (EU) 2015/1222 of 24 July 2015 establishing a guideline on capacity allocation and congestion management (OJ L 197, 25.7.2015, p. 24, ELI: http://data.europa.eu/eli/reg/2015/1222/oj)." (*3) Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32, ELI: http://data.europa.eu/eli/dir/2003/87/oj).’;" |
(8) |
in Article 7(1), point (b) is replaced by the following:
|
(9) |
Article 8 is amended as follows:
|
(10) |
Article 9 is replaced by the following: ‘Article 9 Certification of compliance Regardless of whether the renewable fuel of non-biological origin is produced inside or outside the territory of the Union, fuel producers may make use of national schemes or international voluntary schemes recognised by the Commission pursuant to Article 30(4) of Directive (EU) 2018/2001 to demonstrate compliance with the criteria set out in Articles 3 to 7 of this Regulation, in line with Article 8, as relevant. Where a fuel producer provides evidence or data obtained in accordance with a scheme that has been the subject of a decision in accordance with Article 30(4) of Directive (EU) 2018/2001, to the extent that such decision covers the demonstrating of compliance of the scheme with Article 27(3), fifth and sixth subparagraphs of that Directive, a Member State shall not require the suppliers of renewable fuels of non-biological origin to provide further evidence of compliance with the criteria set out in this Regulation.’ |
(11) |
Article 11 is replaced by the following: ‘Article 11 Transitional phase Article 5, points (a) and (b) shall not apply until 1 January 2038 to installations producing renewable fuel of non-biological origin that come into operation before 1 January 2028. This exemption shall not apply to capacity added after 1 January 2028 for the production of renewable fuel of non-biological origin.’ |
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 March 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) Directive (EU) 2023/2413 of the European Parliament and of the Council of 18 October 2023 amending Directive (EU) 2018/2001, Regulation (EU) 2018/1999 and Directive 98/70/EC as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/652 (OJ L, 2023/2413, 31.10.2023, ELI: http://data.europa.eu/eli/dir/2023/2413/oj).
(3) 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).
ELI: http://data.europa.eu/eli/reg_del/2024/1408/oj
ISSN 1977-0677 (electronic edition)