EU legislation on biogas sustainability. Andreas Pilzecker European Commission, DG Energy - Renewable Energy and CCS

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1 EU legislation on biogas sustainability Andreas Pilzecker European Commission, DG Energy - Renewable Energy and CCS

2 Context Sustainability criteria (SC) "No go" areas (Art ) Greenhouse gas saving requirement (Art 17.2) SC are relevant for: Achieving RED (and FQD) targets Compliance with renewable energy obligations ("quotas") Access to financial support (state aid, "zero emission assumption" under ETS) Obligation to prove compliance with SC is put on economic operators (Art 18.1)

3 Greenhouse gas saving requirement Art 17.2: Biofuels need to save at least 35% compared to fossil fuels, increasing to 50% in 2017 (60% for new installations in 2018) Art 19: Lays down that and under which conditions given default values can be used instead of actual values (and combinations thereof) to show compliance with the minimum saving requirement. -> A certain LCA methodology was used to calculate the default values and the fossil fuel comparators, and shall be used for the calculation of the actual values.

4 The GHG criterion Calculate actual values: Rules are set out in Annex V, part C Annex V has a set of default values (cultivation, processing and transport). Default values reflect always average EU situation (as do the FFCs). Worth noting: Energy allocation between co-products Well-to-wheel methodology (attributional)

5 RED, Annex V, part A

6 RED, Annex V, part C

7 Power & Heat: Biomass sustainability criteria? Transport: Update Annex V RED Implementation FQD ILUC General: "2030"

8 Biomass sustainability EU sustainability criteria for transport biofuels and bioliquids: 15 international sustainability schemes recognized by the EU Commission proposal to address ILUC risks No EU sustainability criteria for solid biomass and biogas: potential risks dealt through environment/forest policy: Reformed Common Agriculture Policy: cross compliance standards EU Timber Regulation: due diligence on illegal logging products EU Forest Strategy: development of EU-wide sustainable forest management (SFM) requirements by 2015 EU air quality standards: minimizing air quality emissions

9 Update Annex V RED Clarify co-digestion in methodology Default values for more pathways Emissions from fuel in use, e u = 0? Manure bonus? Fossil Fuel Comparator (link to FQD implementation)

10 e ILUC? FQD and RED (2009): "The Commission should analyse [ ] the inclusion of a factor for indirect land use changes in the calculation of greenhouse gas emissions." Commission (2012) 595 ILUC proposal: In 2017, "the Commission shall submit a report reviewing [ ] the effectiveness of the measures in limiting indirect land-use change greenhouse gas emissions [ ]. The report shall, if appropriate, be accompanied by a legislative proposal [ ] for introducing estimated indirect land use change emissions factors into the appropriate sustainability criteria to be applied from 1st January 2021."

11 ILUC Silage maize is a starch-rich crop (cap, ILUC reporting for biomethane in transport) Annex IX role of separately collected biowaste as feedstock. Lowering of overall ambition of RE through double-counting

12 EU biomass policy post-2020 Maximise resource efficient use of biomass in order to: deliver robust and verifiable greenhouse gas savings allow for fair competition between the various uses of biomass resources Sustainability framework should encompass: the sustainable use of land and the sustainable management of forests address indirect land use effects as with biofuels.