EUROPEAN UNION
THE EUROPEAN PARLIAMENT
THE COUNCIL
20070019 COD
Brussels, 27 March 2009
OR. en
PE-CONS 3740108
REV 1
ENV 1045
ENT 337
ENER 483
TRANS 498
CODEC 1909
LEGISLATIVE ACTS AND OTHER INSTRUMENTS
Subject
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND COUNCIL
amending Directive 9870EC as regards the specification of petrol,
diesel and gas-oil and introducing a mechanism to monitor and reduce
greenhouse gas emissions and amending Council Directive 199932EC
as regards the specification of fuel used by inland waterway vessels and
repealing Directive 9312EEC
PE-CONS 3740108 REV 1
PAWfc
DG I
EN
DIRECTIVE 2009...EC OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
of
amending Directive 9870EC
as regards the specification of petrol,
diesel and gas-oil and introducing a mechanism to monitor
and reduce greenhouse gas emissions and amending
Council Directive 199932EC as regards the specification of
fuel used by inland waterway vessels and
repealing Directive 9312EEC
Text with EEA relevance
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95
thereof and Article 1751 thereof in relation to Article 15 and Article 2 of this Directive,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee1,
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty2,
1
2
OJ C 44, 16.2.2008, p. 53. Opinion of the European Parliament of 17 December 2008 not yet published in the OJ and
Council Decision of ... . PE-CONS 3740108 REV 1
PAWfc
DG I
1
EN
Whereas
1
2
Directive 9870EC of the European Parliament and of the Council of 13 October 1998
relating to the quality of petrol and diesel fuels1 establishes minimum specifications for
petrol and diesel fuels for use in road and non-road mobile applications for health and
environmental reasons. One of the objectives laid down in the Sixth Community Environment Action Programme
established by Decision No 16002002EC2 of 22 July 2002 is to achieve levels of air
quality that do not give rise to significant negative impacts on, or risks to, human health
and the environment. In its statement accompanying Directive 200850EC of the European
Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for
Europe3 the Commission recognised the need to reduce emissions of harmful air pollutants
if significant progress were to be made towards the objectives established in the
Sixth Community Environment Action Programme and foresaw, in particular, new
legislative proposals that would further reduce Member States permitted national
emissions of key pollutants, reduce emissions associated with refuelling of petrol cars at
service stations and address the sulphur content of fuels, including marine fuels. 3
The Community has committed itself under the Kyoto Protocol to greenhouse gas emission
targets for the period 2008-2012. The Community has also committed itself by 2020 to a
30 reduction in greenhouse gas emissions in the context of a global agreement and
a 20 reduction unilaterally.
All sectors will need to contribute to these goals. 1
2
3
OJ L 350, 28.12.1998, p. 58. OJ L 242, 10.9.2002, p. 1. OJ L 152, 11.6.2008, p. 43. PE-CONS 3740108 REV 1
PAWfc
DG I
2
EN
4
One aspect of greenhouse gas emissions from transport has been tackled through the
Community policy on CO2 and cars. Transport fuel use makes a significant contribution to
overall Community greenhouse gas emissions. Monitoring and reducing fuel life cycle
greenhouse gas emissions can contribute to helping the Community meet its greenhouse
gas reduction goals through the decarbonisation of transport fuel. 5
The Community has adopted regulations limiting pollutant emissions from light and heavy
duty road vehicles. The fuel specification is one of the factors that influences the ease with
which such emission limits can be met. 6
Derogations from the maximum summer petrol vapour pressure should be limited to those
Member States with low ambient summer temperatures. It is therefore appropriate to
clarify in which Member States a derogation should be permitted. These are, in principle,
those Member States where the average temperature for a majority of their territory is
below 12 ºC for at least two of the three months of June, July and August. PE-CONS 3740108 REV 1
PAWfc
DG I
3
EN
7
Directive 9768EC of the European Parliament and of the Council of 16 December 1997
on the approximation of the laws of the Member States relating to measures against the
emission of gaseous and particulate pollutants from internal combustion engines to be
installed in non-road mobile machinery1, sets emission limits for engines used in non-road
mobile machinery. Fuel enabling the proper functioning of these engines needs to be
provided for the operation of this machinery. 8
The combustion of road transport fuel is responsible for around 20 of Community
greenhouse gas emissions. One approach to reducing these emissions is through reducing
the life-cycle greenhouse gas emissions of these fuels. This can be done in a number of
ways. In view of the Communitys ambition to further reduce greenhouse gas emissions
and the significant contribution that road transport makes to those emissions, it is
appropriate to establish a mechanism requiring fuel suppliers to report the life-cycle
greenhouse gas emissions of the fuel that they supply and to reduce them
from 2011 onwards. The methodology for the calculation of life-cycle greenhouse gas
emissions from biofuels should be identical to that established for the purposes of the
calculation of greenhouse gas impacts under Directive 2009EC of the European
Parliament and of the Council of ...
on the promotion of the use of energy from renewable
sources2. 1
2
OJ L 59, 27.2.1998, p. 1. OJ please insert number, date and OJ reference of doc. 373608. OJ L ... PE-CONS 3740108 REV 1
PAWfc
DG I
4
EN
9
Suppliers should, by 31 December 2020, gradually reduce life cycle greenhouse gas
emissions by up to 10 per unit of energy from fuel and energy supplied. This reduction
should amount to at least 6 by 31 December 2020, compared to the EU-average level of
life cycle greenhouse gas emissions per unit of energy from fossil fuels in 2010, obtained
through the use of biofuels, alternative fuels and reductions in flaring and venting at
production sites. Subject to a review, it should comprise a further 2 reduction obtained
through the use of environmentally friendly carbon capture and storage technologies and
electric vehicles and an additional further 2 reduction obtained through the purchase of
credits under the Clean Development Mechanism of the Kyoto Protocol. These additional
reductions should not be binding on Member States or fuel suppliers on entry into force of
this Directive. The review should address their non-binding character. 10
Biofuel production should be sustainable. Biofuels used for compliance with the
greenhouse gas reduction targets laid down in this Directive should therefore be required to
fulfil sustainability criteria. In order to ensure a coherent approach between energy and
environment policies, and to avoid the additional costs to business and the environmental
incoherence that would be associated with an inconsistent approach, it is essential to
provide the same sustainability criteria for the use of biofuels for the purposes of this
Directive on the one hand and Directive 2009EC on the other. For the same reasons,
double reporting should be avoided in this context. Furthermore, the Commission and
competent national authorities should coordinate their activities within the framework of a
committee specifically responsible for sustainability aspects.
OJ please insert number of the directive referred to in recital 8. PE-CONS 3740108 REV 1
PAWfc
DG I
5
EN
11
The increasing worldwide demand for biofuels, and the incentives for their use provided
for in this Directive should not have the effect of encouraging the destruction of biodiverse
lands. Those finite resources, recognised in various international instruments to be of value
to all mankind, should be preserved. Consumers in the Community would, in addition, find
it morally unacceptable that their increased use of biofuels could have the effect of
destroying biodiverse lands. For these reasons, it is necessary to provide sustainability
criteria ensuring that biofuels can qualify for the incentives only when it can be guaranteed
that they do not originate in biodiverse areas or, in the case of areas designated for nature
protection purposes or for the protection or rare, threatened or endangered ecosystems or
species, the relevant competent authority demonstrates that the production of the raw
material does not interfere with those purposes. The sustainability criteria should consider
forest as biodiverse where it is a primary forest in accordance with the definition used by
the Food and Agriculture Organisation of the United Nations FAO in its Global Forest
Resource Assessment, which countries use worldwide to report on the extent of primary
forest or where it is protected by national nature protection law. Areas where collection of
non- wood forest products occurs should be included, provided the human impact is small. Other types of forests as defined by the FAO, such as modified natural forests, semi natural
forests and plantations, should not be considered as primary forests. Having regard
furthermore, to the highly biodiverse nature of certain grasslands, both temperate and
tropical, including highly biodiverse savannahs, steppes, scrublands and prairies, biofuels
made from raw materials originating in such lands should not qualify for the incentives
provided for by this Directive. The Commission should establish appropriate criteria and
geographical ranges to define such highly biodiverse grasslands in accordance with the
best available scientific evidence and relevant international standards. PE-CONS 3740108 REV 1
PAWfc
DG I
6
EN
12
In calculating the greenhouse gas impact of land conversion, economic operators should be
able to use actual values for the carbon stocks associated with the reference land use and
the land use after conversion. They should also be able to use standard values. The work of
the Intergovernmental Panel on Climate Change is the appropriate basis for such standard
values. That work is not currently expressed in a form that is immediately applicable by
economic operators. The Commission should therefore produce guidance drawing on that
work to serve as the basis for the calculation of carbon stock changes for the purposes of
this Directive, including such changes to forested areas with a canopy cover of
between 10 to 30 , savannahs, scrublands and prairies. 13
It is appropriate for the Commission to develop methodologies with a view to assessing the
impact of the drainage of peatlands on greenhouse gas emissions. 14
Land should not be converted for the production of biofuels if its carbon stock loss upon
conversion could not, within a reasonable period, taking into account the urgency of
tackling climate change, be compensated by the greenhouse gas savings resulting from the
production of biofuels. This would prevent unnecessarily burdensome research by
economic operators and the conversion of high carbon stock land that would prove to be
ineligible for producing raw materials for biofuels. Inventories of worldwide carbon stocks
indicate that wetlands and continuously forested areas with canopy cover of more than
30 should be included in that category. Forested areas with a canopy cover of between
10 and 30 should also be included, unless there is evidence demonstrating that their
carbon stock is sufficiently low to justify their conversion in accordance with the rules laid
down in this Directive.
The reference to wetlands should take into account the definition
laid down in the Convention on Wetlands of International Importance, especially as
Waterfowl Habitat, adopted on 2 February 1971 in Ramsar. PE-CONS 3740108 REV 1
PAWfc
DG I
7
EN
15
The incentives provided for in this Directive will encourage increased production of
biofuels worldwide. Where biofuels are made from raw material produced within the
Community, they should also comply with Community environmental requirements for
agriculture, including requirements for the protection of the quality of groundwater and
surface water, and with social requirements. However, there is a concern that production of
biofuels in certain third countries might not respect minimum environmental or social
requirements. It is therefore appropriate to encourage the development of multilateral and
bilateral agreements and voluntary international or national schemes that cover key
environmental and social considerations, in order to promote the production of biofuels
worldwide in a sustainable manner. In the absence of such agreements or schemes,
Member States should require economic operators to report on those issues. 16
Sustainability criteria will be effective only if they lead to changes in the behaviour of
market actors. Those changes will occur only if biofuels meeting those criteria command a
price premium compared to those that do not. According to the mass balance method of
verifying compliance, there is a physical link between the production of biofuels meeting
the sustainability criteria and the consumption of biofuels in the Community, providing an
appropriate balance between supply and demand and ensuring a price premium that is
greater than in systems where there is no such link. To ensure that biofuels meeting the
sustainability criteria can be sold at a higher price, the mass balance method should
therefore be used to verify compliance. This should maintain the integrity of the system
while at the same time avoiding the imposition of an unreasonable burden on industry.
Other verification methods should, however, be reviewed. PE-CONS 3740108 REV 1
PAWfc
DG I
8
EN
17 Where appropriate, the Commission should take due account of the Millennium Ecosystem
Assessment which contains useful data for the conservation of at least those areas that
provide, in critical situations, basic ecosystem services such as watershed protection and
erosion control. 18
Co-products from the production and use of fuels should be taken into account in the
calculation of greenhouse gas emissions. The substitution method is appropriate for the
purposes of policy analysis but not for the regulation of individual economic operators and
individual consignments of transport fuels. In these cases the energy allocation method is
the most appropriate method, as it is easy to apply, is predictable over time, minimises
counter-productive incentives and produces results that are generally comparable with
those produced by the substitution method. For the purposes of policy analysis the
Commission should also, in its reporting, present results using the substitution method. 19
In order to avoid a disproportionate administrative burden, a list of default values should
be laid down for common biofuel production pathways and that list should be updated and
expanded when further reliable data is available. Economic operators should always be
entitled to claim the level of greenhouse gas savings for biofuels established by that list. Where the default value for greenhouse gas savings from a production pathway lies below
the required minimum level of greenhouse gas savings, producers wishing to demonstrate
their compliance with this minimum level should be required to show that actual emissions
from their production process are lower than those that were assumed in the calculation of
the default values. PE-CONS 3740108 REV 1
PAWfc
DG I
9
EN
20
It is appropriate for the data used in the calculation of the default values to be obtained
from independent, scientifically expert sources and to be updated as appropriate as those
sources progress their work. The Commission should encourage those sources to address,
when they update their work, emissions from cultivation, the effect of regional and
climatological conditions, the effects of cultivation using sustainable agricultural and
organic farming methods, and the scientific contribution of producers, within the
Community and in third countries, and civil society. 21
In order to avoid encouraging the cultivation of raw materials for biofuels in places where
this would lead to high greenhouse gas emissions, the use of default values for cultivation
should be limited to regions where such an effect can reliably be excluded. However, to
avoid a disproportionate administrative burden, it is appropriate for Member States to
establish national or regional averages for emissions from cultivation, including from
fertiliser use. PE-CONS 3740108 REV 1
PAWfc
DG I
10
EN
22
Global demand for agricultural commodities is growing. Part of this increased demand will
be met through an increase in the amount of land devoted to agriculture. The restoration of
land that has been severely degraded or heavily contaminated and therefore cannot be used,
in its present state, for agricultural purposes is a way of increasing the amount of land
available for cultivation. The sustainability scheme should promote the use of restored
degraded land, because the promotion of biofuels will contribute to the growth in demand
for agricultural commodities. Even if biofuels themselves are made using raw materials
from land already in arable use, the net increase in demand for crops caused by the
promotion of biofuels could lead to a net increase in the cropped area. This could affect
high carbon stock land, which would result in damaging carbon stock losses. To alleviate
this risk, it is appropriate to introduce accompanying measures to encourage an increased
rate of productivity on land already used for crops, the use of degraded land, and the
adoption of sustainability requirements, comparable to those laid down in this Directive for
Community biofuel consumption, in other biofuel-consuming countries. The Commission
should develop a concrete methodology to minimise greenhouse gas emissions caused by
indirect land use changes. To this end, the Commission should analyse, on the basis of best
available scientific evidence, in particular, the inclusion of a factor for indirect land use
changes in the calculation of greenhouse gas emissions, and the need to incentivise
sustainable biofuels which minimise the impact of land use change and improve biofuel
sustainability with respect to indirect land use change. In developing this methodology, the
Commission should address inter alia the potential indirect land use changes resulting from
biofuels produced from non-food cellulosic material and from ligno-cellulosic material. PE-CONS 3740108 REV 1
PAWfc
DG I
11
EN
23
Since the measures provided for in Articles 7b to 7e of Directive 9870EC also promote
the functioning of the internal market, by harmonising sustainability criteria for biofuels
for target accounting purposes under that Directive, and thus facilitate, in accordance with
Article 7b8 of that Directive, trade between Member States in biofuels which comply
with these conditions, they are based on Article 95 of the Treaty. 24
Continuing technical progress in the fields of automotive and fuel technology coupled with
the continuing desire to ensure that the level of environmental and health protection is
optimised necessitate periodic review of the fuel specifications based upon further studies
and analyses of the impact of additives and biofuel components on pollutant emissions.
Therefore, the possibility of facilitating the decarbonisation of transport fuels should be
regularly reported upon. 25
Detergent use can contribute to the maintenance of clean engines and therefore the
reduction of pollutant emissions. At present there is no satisfactory way of testing fuel
samples for their detergency properties. Therefore the responsibility for informing their
customers of the benefits of detergents and their use rests with suppliers of fuel and
vehicles. Nevertheless, the Commission should review whether further developments
would result in a more effective approach to optimising the use of and benefits from
detergents. 26
Provisions concerning the blending of ethanol into petrol should be reviewed on the basis
of experience gained from the application of Directive 9870EC. The review should
examine in particular the provisions concerning limits on vapour pressure and possible
alternatives for ensuring that ethanol blends do not exceed acceptable vapour pressure
limits. PE-CONS 3740108 REV 1
PAWfc
DG I
12
EN
27
Blending ethanol into petrol increases the vapour pressure of the resulting fuel. Moreover
petrol vapour pressure should be controlled to limit air pollutant emissions. 28
Blending ethanol into petrol results in a non-linear change of the vapour pressure of the
resulting fuel mixture. It is appropriate to provide for the possibility of a derogation from
the maximum summer vapour pressure for such mixtures after an appropriate assessment
by the Commission. A derogation should be conditional on compliance with Community
legislation on air quality and air pollution. Such a derogation should correspond to the
actual increase in vapour pressure that results from adding a given percentage of ethanol to
petrol. 29
In order to encourage the use of low-carbon fuels while respecting air pollution targets,
petrol refiners should, where possible, make available low vapour pressure petrol in the
volumes required. As this is not the case at present, the vapour pressure limit for ethanol
blends should be increased, subject to certain conditions, in order to allow the biofuels
market to develop. 30
Some older vehicles are not warranted to use petrol with a high biofuel content. These
vehicles may travel from one Member State to another. It is therefore appropriate to ensure
for a transitional period, the continued supply of petrol suitable for these older vehicles. Member States should in consultation with stakeholders, ensure an appropriate
geographical coverage reflecting the demand for such petrol. The marking of petrol, for
example as E5 or E10, should be consistent with the relevant standard drawn up by the
European Committee for Standardisation CEN. PE-CONS 3740108 REV 1
PAWfc
DG I
13
EN
31
It is appropriate to adapt Annex IV to Directive 9870EC to enable the placing on
the market of diesel fuels with a higher biofuel content B7 than envisaged in
standard EN 5902004 B5. This standard should be updated accordingly and should
establish limits for technical parameters not included in that Annex, such as oxidation
stability, flash point, carbon residue, ash content, water content, total contamination,
copper strip corrosion, lubricity, kinematic viscosity, cloud point, cold filter plugging
point, phosphorous content, acid index, peroxides, acid index variation, injector fouling
and addition of additives for stability. 32
In order to facilitate the effective marketing of biofuels, CEN is encouraged to continue
working rapidly on a standard allowing the blending of higher levels of biofuel
components into diesel and, in particular, to develop a standard for B10. 33
A limit for the fatty acid methyl ester FAME content of diesel is required for technical
reasons. However, such a limit is not required for other biofuel components, such as
pure diesel-like hydrocarbons made from biomass using the Fischer Tropsch process or
hydro-treated vegetable oil.
34
Member States and the Commission should take appropriate steps to facilitate the placing
on the market of gasoil containing 10 ppm sulphur earlier than 1 January 2011. PE-CONS 3740108 REV 1
PAWfc
DG I
14
EN
35
The use of specific metallic additives, and in particular the use of Methylcyclopentadienyl
manganese tricarbonyl MMT, might raise the risk of damage to human health and might
cause damage to vehicle engines and emission control equipment. Many vehicle
manufacturers advise against the use of fuel containing metallic additives and the use of
such fuel may invalidate vehicle warranties. It is therefore appropriate to keep under
constant review the effects of the use of the MMT in fuel in consultation with all relevant
stakeholders. Pending further review it is necessary to take steps to limit the severity of any
damage that may be caused. It is therefore appropriate to set an upper limit on the use of
MMT in fuel, based upon currently available scientific knowledge. This limit should be
revised upwards only if the use of higher dosage rates can be demonstrated not to cause
adverse effects.
To avoid consumers unknowingly invalidating their vehicles warranties, it
is also necessary to require the labelling of any fuel that contains metallic additives. 36
In accordance with point 34 of the Interinstitutional agreement on better law making1,
Member States are encouraged to draw up, for themselves and in the interests of the
Community, their own tables, which will, as far as possible, illustrate the correlation
between this Directive and the transposition measures and to make those tables public.
37
The measures necessary for the implementation of Directive 9870EC should be adopted
in accordance with Council Decision 1999468EC of 28 June 1999 laying down the
procedures for the exercise of implementing powers conferred on the Commission2. 1
2
OJ C 321, 31.12.2003, p. 1. OJ L 184, 17.7.1999, p. 23. PE-CONS 3740108 REV 1
PAWfc
DG I
15
EN
38
In particular, the Commission should be empowered to adopt implementing measures
concerning the mechanism to monitor and reduce greenhouse gas emissions, to adapt the
methodological principles and values necessary for assessing whether sustainability criteria
have been fulfilled in relation to biofuels, to establish criteria and geographic ranges for
highly biodiverse grassland, to revise the limit for the MMT content of fuel and to adapt to
technical and scientific progress the methodology for the calculation of lifecycle
greenhouse gas emissions, the permitted analytical methods related to the fuel
specifications and the vapour pressure waiver permitted for petrol containing bioethanol. Since those measures are of general scope and are designed to amend non-essential
elements of this Directive by the adaptation of the methodological principles and values,
they must be adopted in accordance with the regulatory procedure with scrutiny provided
for in Article 5a of Decision 1999468EC. 39
Directive 9870EC provides for a number of fuel specifications some of which are now
redundant. In addition, it contains a number of derogations that have expired. For reasons
of clarity it is therefore appropriate to delete these provisions. 40
Council Directive 199932EC of 26 April 1999 relating to a reduction in the sulphur
content of certain liquid fuels1 lays down some aspects of fuel use in inland waterway
transport. The delimitation between that Directive and Directive 9870EC requires
clarification. Both Directives establish limits for the maximum sulphur content of gas-oil
used in inland waterway vessels.
In the interest of clarity and legal certainty, it is therefore,
appropriate to adjust those Directives, so that only one act lays down this limit. 1
OJ L 121, 11.5.1999, p. 13. PE-CONS 3740108 REV 1
PAWfc
DG I
16
EN
41
New, cleaner engine technologies have been developed for inland waterway vessels. These
engines can only be fuelled with very low-sulphur fuel. The sulphur content of inland
waterway vessel fuels should be reduced as soon as possible. 42
Directive 9870EC and Directive 199932EC should therefore be amended accordingly. 43
Council Directive 9312EEC of 23 March 1993 relating to the sulphur content of certain
liquid fuels1 has been extensively amended over time and as a result no longer retains any
elements of substance. It should therefore be repealed.
44
Since the objectives of this Directive, namely ensuring a single market for fuel for road
transport and non-road mobile machinery and ensuring respect for minimal levels of
environmental protection from use of this fuel cannot be sufficiently achieved by the
Member States and can therefore, be better achieved at Community level, the Community
may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5
of the Treaty. In accordance with the principle of proportionality, as set out in that Article,
this Directive does not go beyond what is necessary in order to achieve those objectives,
HAVE ADOPTED THIS DIRECTIVE
1
OJ L 74, 27.3.1993, p. 81. PE-CONS 3740108 REV 1
PAWfc
DG I
17
EN
Article 1
Amendments to Directive 9870EC
Directive 9870EC is hereby amended as follows
1
Article 1 shall be replaced by the following
Article 1
Scope
This Directive sets, in respect of road vehicles, and non-road mobile machinery including
inland waterway vessels when not at sea, agricultural and forestry tractors, and
recreational craft when not at sea
a
technical specifications on health and environmental grounds for fuels to be used
with positive ignition and compression-ignition engines, taking account of the
technical requirements of those engines and
b
a target for the reduction of life cycle greenhouse gas emissions.
PE-CONS 3740108 REV 1
PAWfc
DG I
18
EN
2
Article 2 shall be amended as follows
a
in the first paragraph
i
point 3 shall be replaced by the following
3. gas oils intended for use by non-road mobile machinery including
inland waterway vessels, agricultural and forestry tractors, and
recreational craft means any petroleum-derived liquid, falling within
CN codes 2710 19 41 and 2710 19 45, intended for use in compression
ignition engines referred to in Directives 9425EC, 9768ECand
200025EC
____________________
The numbering of these CN codes as specified in the Common Customs
Tariff OJ L 256, 7.6.1987, p.
1. OJ L 164, 30.6.1994, p. 15. OJ L 59, 27.2.1998, p. 1. OJ L 173, 12.7.2000, p. 1. ii
the following points shall be added
5. Member States with low ambient summer temperatures means
Denmark, Estonia, Finland, Ireland, Latvia, Lithuania, Sweden and the
United Kingdom
PE-CONS 3740108 REV 1
PAWfc
DG I
19
EN
6. life cycle greenhouse gas emissions means all net emissions of CO2,
CH4 and N2O that can be assigned to the fuel including any blended
components or energy supplied. This includes all relevant stages from
extraction or cultivation, including land-use changes, transport and
distribution, processing and combustion, irrespective of where those
emissions occur
7. greenhouse gas emissions per unit of energy means the total mass of
CO2 equivalent greenhouse gas emissions associated with the fuel or
energy supplied, divided by the total energy content of the fuel or energy
supplied for fuel, expressed as its low heating value
8.
supplier means the entity responsible for passing fuel or energy through
an excise duty point or, if no excise is due, any other relevant entity
designated by a Member State
9. biofuels has the same meaning as in Directive 2009EC of the
European Parliament and of the Council of ... on the promotion of the use
of energy from renewable sources. ____________________
OJ L ... b
the second paragraph shall be deleted
OJ please insert, date, number and OJ reference of the directive referred to in recital 8.
PE-CONS 3740108 REV 1
PAWfc
DG I
20
EN
3
Article 3 shall be amended as follows
a
Paragraphs 2 to 6 shall be replaced by the following
2. Member States shall ensure that petrol may be placed on the market within
their territory only if it complies with the environmental specifications set out
in Annex I. However, Member States may, for the outermost regions, make specific
provisions for the introduction of petrol with a maximum sulphur content of
10 mgkg. Member States making use of this provision shall inform the
Commission accordingly. 3. Member States shall require suppliers to ensure the placing on the market of
petrol with a maximum oxygen content of 2,7 and a maximum ethanol
content of 5 until 2013 and may require the placing on the market of such
petrol for a longer period if they consider it necessary. They shall ensure the
provision of appropriate information to consumers concerning the biofuel
content of petrol and, in particular, on the appropriate use of different blends of
petrol. PE-CONS 3740108 REV 1
PAWfc
DG I
21
EN
4. Member States with low ambient summer temperatures may, subject to
paragraph 5, permit the placing on the market during the summer period of
petrol with a maximum vapour pressure of 70 kPa. Member States in which the derogation referred to in the first subparagraph is
not applied may, subject to paragraph 5, permit the placing on the market
during the summer period of petrol containing ethanol with a maximum vapour
pressure of 60 kPa and in addition the permitted vapour pressure waiver
specified in Annex III, on condition that the ethanol used is a biofuel. 5. Where Member States wish to apply either of the derogations provided for in
paragraph 4, they shall notify the Commission and provide all relevant
information. The Commission shall assess the desirability and duration of the
derogation, taking account of both
a
the avoidance of socioeconomic problems resulting from higher vapour
pressure, including time-limited technical adaptation needs and
b
the environmental or health consequences of the higher vapour pressure
and, in particular, the impact on compliance with Community legislation
on air quality, both in the Member State concerned and in other Member
States. PE-CONS 3740108 REV 1
PAWfc
DG I
22
EN
If the Commissions assessment shows that the derogation will result in a lack
of compliance with Community legislation on air quality or air pollution,
including the relevant limit values and emissions ceilings, the application shall
be rejected.
The Commission should also take account of relevant target
values. Where the Commission has raised no objections within six months of receipt of
all relevant information, the Member State concerned may apply the requested
derogation. 6. Notwithstanding paragraph 1, Member States may continue to permit the
marketing of small quantities of leaded petrol, with a lead content not
exceeding 0,15 gl, to a maximum of 0,03 of total sales, to be used by old
vehicles of a characteristic nature and to be distributed through special interest
groups. b
paragraph 7 shall be deleted
PE-CONS 3740108 REV 1
PAWfc
DG I
23
EN
4
Article 4 shall be replaced by the following
Article 4
Diesel fuel
1.
Member States shall ensure that diesel fuel may be placed on the market in their
territory only if it complies with the specifications set out in Annex II. Notwithstanding the requirements of Annex II, Member States may permit the
placing on the market of diesel with a fatty acid methyl ester FAME content greater
than 7 . Member States shall ensure the provision of appropriate information to consumers
concerning the biofuel, in particular FAME, content of diesel fuel. 2. Member States shall ensure that, no later than from 1 January 2008, gas oils intended
for use by non-road mobile machinery including inland waterway vessels,
agricultural and forestry tractors and recreational craft may be placed on the market
within their territory only if the sulphur content of those gas oils does not
exceed 1 000 mgkg. From 1 January 2011, the maximum permissible sulphur
content of those gas oils shall be 10 mgkg. Member States shall ensure that liquid
fuels other than those gas oils may be used in inland waterway vessels and
recreational craft only if the sulphur content of those liquid fuels does not exceed the
maximum permissible content of those gas oils. PE-CONS 3740108 REV 1
PAWfc
DG I
24
EN
However, in order to accommodate minor contamination in the supply chain,
Member States may, from 1 January 2011, permit gas oil intended for use by
non-road mobile machinery including inland waterway vessels, agricultural and
forestry tractors and recreational craft to contain up to 20 mgkg of sulphur at the
point of final distribution to end users. Member States may also permit the continued
placing on the market until 31 December 2011 of gas oil containing up
to 1 000 mgkg sulphur for rail vehicles and agricultural and forestry tractors,
provided that they can ensure that the proper functioning of emissions control
systems will not be compromised. 3. Member States may, for the outermost regions, make specific provision for the
introduction of diesel fuel and gas oils with a maximum sulphur content of 10 mgkg. Member States making use of this provision shall inform the Commission
accordingly. 4. For Member States with severe winter weather, the maximum distillation point of
65 at 250 ºC for diesel fuels and gas oils may be replaced by a maximum
distillation point of 10 volvol at 180 ºC. PE-CONS 3740108 REV 1
PAWfc
DG I
25
EN
5
the following Article shall be inserted
Article 7a
Greenhouse gas emission reductions
1. Member States shall designate the supplier or suppliers responsible for monitoring
and reporting life cycle greenhouse gas emissions per unit of energy from fuel and
energy supplied. In the case of providers of electricity for use in road vehicles,
Member States shall ensure that such providers may choose to become a contributor
to the reduction obligation laid down in paragraph 2 if they can demonstrate that they
can adequately measure and monitor electricity supplied for use in those vehicles. With effect from 1 January 2011, suppliers shall report annually, to the authority
designated by the Member State, on the greenhouse gas intensity of fuel and energy
supplied within each Member State by providing, as a minimum, the following
information
a
the total volume of each type of fuel or energy supplied, indicating where
purchased and its origin and
b
life cycle greenhouse gas emissions per unit of energy. Member States shall ensure that reports are subject to verification. The Commission shall, where appropriate, establish guidelines for the
implementation of this paragraph.
PE-CONS 3740108 REV 1
PAWfc
DG I
26
EN
2. Member States shall require suppliers to reduce as gradually as possible life cycle
greenhouse gas emissions per unit of energy from fuel and energy supplied by up
to 10 by 31 December 2020, compared with the fuel baseline standard referred to
in paragraph 5b. This reduction shall consist of
a
6 by 31 December 2020. Member States may require suppliers, for this
reduction, to comply with the following intermediate targets 2 by
31 December 2014 and 4 by 31 December 2017
b
an indicative additional target of 2 by 31 December 2020, subject to
Article 91h, to be achieved through one or both of the following methods
i
the supply of energy for transport supplied for use in any type of road
vehicle, non-road mobile machinery including inland waterway vessels,
agricultural or forestry tractor or recreational craft
ii
the use of any technology including carbon capture and storage capable
of reducing life cycle greenhouse gas emissions per unit of energy from
fuel or energy supplied
PE-CONS 3740108 REV 1
PAWfc
DG I
27
EN
c
an indicative additional target of 2 by 31 December 2020, subject to
Article 91i, to be achieved through the use of credits purchased through the
Clean Development Mechanism of the Kyoto Protocol, under the conditions set
out in Directive 200387EC of the European Parliament and of the Council of
13 October 2003 establishing a scheme for greenhouse gas emission allowance
trading within the Community, for reductions in the fuel supply sector. 3. Life cycle greenhouse gas emissions from biofuels shall be calculated in accordance
with Article 7d. Lifecycle greenhouse gas emissions from other fuels and energy
shall be calculated using a methodology laid down in accordance with paragraph 5 of
this Article. 4. Member States shall ensure that a group of suppliers may choose to meet the
reduction obligations pursuant to paragraph 2 jointly. In such case they shall be
considered as a single supplier for the purposes of paragraph 2. 5.
Measures necessary for the implementation of this Article, designed to amend
non-essential elements of this Directive by supplementing it, shall be adopted in
accordance with the regulatory procedure with scrutiny referred to in Article 114. Such measures include, in particular
a
the methodology for the calculation of life cycle greenhouse gas emissions
from fuels other than biofuels and from energy
PE-CONS 3740108 REV 1
PAWfc
DG I
28
EN
b
the methodology specifying, before 1 January 2011, the fuel baseline standard
based on the life cycle greenhouse gas emissions per unit of energy from fossil
fuels in 2010 for the purposes of paragraph 2
c
any necessary rules to give effect to paragraph 4
d
the methodology to calculate the contribution of electric road vehicles, which
shall be compatible with Article 34 of Directive 2009EC.
____________________
OJ L 275, 25.10.2003, p. 32. 6
the following Articles shall be inserted
Article 7b
Sustainability criteria for biofuels
1. Irrespective of whether the raw materials were cultivated inside or outside the
territory of the Community, energy from biofuels shall be taken into account for the
purposes of Article 7a only if they fulfil the sustainability criteria set out in
paragraphs 2 to 6 of this Article. OJ please insert number of the directive referred to in recital 8. PE-CONS 3740108 REV 1
PAWfc
DG I
29
EN
However, biofuels produced from waste and residues, other than agricultural,
aquaculture, fisheries and forestry residues, need only fulfil the sustainability criteria
set out in paragraph 2 of this Article in order to be taken into account for the
purposes referred to in Article 7a. 2. The greenhouse gas emission saving from the use of biofuels taken into account for
the purposes referred to in paragraph 1 shall be at least 35 . With effect from 1 January 2017, the greenhouse gas emission saving from the use
of biofuels taken into account for the purposes referred to in paragraph 1 shall be
at least 50 . From 1 January 2018 that greenhouse gas emissions saving shall be at
least 60 for biofuels produced in installations in which production has started on
or after 1 January 2017. The greenhouse gas emission saving from the use of biofuels shall be calculated in
accordance with Article 7d1. In the case of biofuels produced by installations that were in operation on
23 January 2008, the first subparagraph shall apply from 1 April 2013.
PE-CONS 3740108 REV 1
PAWfc
DG I
30
EN
3. Biofuels taken into account for the purposes referred to in paragraph 1 shall not be
made from raw material obtained from land with high biodiversity value, namely,
land that had one of the following statuses in or after January 2008, whether or not
the land continues to have such a status
a
primary forest and other wooded land, that is forest and other wooded land of
native species, where there is no clearly visible indication of human activity
and the ecological processes are not significantly disturbed
b
areas designated
i
by law or by the relevant competent authority for nature protection
purposes or
ii
for the protection of rare, threatened or endangered ecosystems or species
recognised by international agreements or included in lists drawn up by
intergovernmental organisations or the International Union for the
Conservation of Nature, subject to their recognition in accordance with
the second subparagraph of Article 7c4
unless evidence is provided that the production of that raw material did not
interfere with those nature protection purposes
PE-CONS 3740108 REV 1
PAWfc
DG I
31
EN
c
highly biodiverse grassland that is
i
natural, namely, grassland that would remain grassland in the absence of
human intervention and which maintains the natural species composition
and ecological characteristics and processes or
ii
non-natural, namely, grassland that would cease to be grassland in the
absence of human intervention and which is species-rich and not
degraded, unless evidence is provided that the harvesting of the raw
material is necessary to preserve its grassland status. The Commission shall establish the criteria and geographic ranges to determine
which grassland shall be covered by point c of the first subparagraph.
Those
measures, designed to amend non-essential elements of this Directive, by
supplementing it shall be adopted in accordance with the regulatory procedure with
scrutiny referred to in Article 114. 4. Biofuels taken into account for the purposes referred to in paragraph 1 shall not be
made from raw material obtained from land with high carbon stock, namely, land
that had one of the following statuses in January 2008 and no longer has that status
a wetlands, namely, land that is covered with or saturated by water permanently
or for a significant part of the year
PE-CONS 3740108 REV 1
PAWfc
DG I
32
EN
b
continuously forested areas, namely, land spanning more than one hectare with
trees higher than five metres and a canopy cover of more than 30 , or trees
able to reach those thresholds in situ
c
land spanning more than one hectare with trees higher than five metres and a
canopy cover of between 10 and 30 , or trees able to reach those
thresholds in situ, unless evidence is provided that the carbon stock of the area
before and after conversion is such that, when the methodology laid down in
Part C of Annex IV is applied, the conditions laid down in paragraph 2 of this
Article would be fulfilled. The provisions of this paragraph shall not apply if, at the time the raw material was
obtained, the land had the same status as it had in January 2008. 5. Biofuels taken into account for the purposes referred to in paragraph 1 shall not be
made from raw material obtained from land that was peatland in January 2008,
unless evidence is provided that the cultivation and harvesting of that raw material
does not involve drainage of previously undrained soil. PE-CONS 3740108 REV 1
PAWfc
DG I
33
EN
6. Agricultural raw materials cultivated in the Community and used for the production
of biofuels taken into account for the purposes referred to in Article 7a shall be
obtained in accordance with the requirements and standards under the provisions
referred to under the heading Environment in Part A and in point 9 of Annex II to
Council Regulation EC No 732009 of 19 January 2009 establishing common rules
for direct support schemes for farmers under the common agricultural policy and
establishing certain support schemes for farmers and in accordance with the
minimum requirements for good agricultural and environmental condition defined
pursuant to Article 61 of that Regulation. 7. The Commission shall, every two years, report to the European Parliament and the
Council, in respect of both third countries and Member States that are a significant
source of biofuels or of raw material for biofuels consumed within the Community,
on national measures taken to respect the sustainability criteria set out in
paragraphs 2 to 5 and for soil, water and air protection. The first report shall be
submitted in 2012. PE-CONS 3740108 REV 1
PAWfc
DG I
34
EN
The Commission shall, every two years, report to the European Parliament and the
Council on the impact on social sustainability in the Community and in third
countries of increased demand for biofuel, on the impact of Community biofuel
policy on the availability of foodstuffs at affordable prices, in particular for people
living in developing countries, and on wider development issues.
Reports shall
address the respect of land use rights. They shall state, both for third countries and
Member States that are a significant source of raw material for biofuel consumed
within the Community, whether the country has ratified and implemented each of the
following Conventions of the International Labour Organisation
Convention concerning Forced or Compulsory Labour No 29,
Convention concerning Freedom of Association and Protection of the Right to
Organise No 87,
Convention concerning the Application of the Principles of the Right to
Organise and to Bargain Collectively No 98,
Convention concerning Equal Remuneration of Men and Women Workers for
Work of Equal Value No 100,
PE-CONS 3740108 REV 1
PAWfc
DG I
35
EN
Convention concerning the Abolition of Forced Labour No 105,
Convention concerning Discrimination in Respect of Employment and
Occupation No 111,
Convention concerning Minimum Age for Admission to Employment
No 138,
Convention concerning the Prohibition and Immediate Action for the
Elimination of the Worst Forms of Child Labour No 182. Those reports shall state, both for third countries and Member States that are a
significant source of raw material for biofuel consumed within the Community,
whether the country has ratified and implemented
the Carthagena Protocol on biosafety
the Convention on International Trade in Endangered Species of Wild Fauna
and Flora. The first report shall be submitted in 2012. The Commission shall, if appropriate,
propose corrective action, in particular if evidence shows that biofuel production has
a significant impact on food prices. PE-CONS 3740108 REV 1
PAWfc
DG I
36
EN
8. For the purposes referred to in paragraph 1, Member States shall not refuse to take
into account, on other sustainability grounds, biofuels obtained in compliance with
this Article. Article 7c
Verification of compliance with the sustainability criteria for biofuels
1. Where biofuels are to be taken into account for the purposes of Article 7a, Member
States shall require economic operators to show that the sustainability criteria set out
in Article 7b2 to 5 have been fulfilled. For that purpose they shall require
economic operators to use a mass balance system which
a
allows consignments of raw material or biofuel with differing sustainability
characteristics to be mixed
b
requires information about the sustainability characteristics and sizes of the
consignments referred to in point a to remain assigned to the mixture and
c
provides for the sum of all consignments withdrawn from the mixture to be
described as having the same sustainability characteristics, in the same
quantities, as the sum of all consignments added to the mixture. PE-CONS 3740108 REV 1
PAWfc
DG I
37
EN
2. The Commission shall report to the European Parliament and the Council in 2010
and 2012 on the operation of the mass balance verification method described in
paragraph 1 and on the potential for allowing for other verification methods in
relation to some or all types of raw material or biofuels. In its assessment the
Commission shall consider those verification methods in which information about
sustainability characteristics need not remain physically assigned to particular
consignments or mixtures. The assessment shall take into account the need to
maintain the integrity and effectiveness of the verification system while avoiding the
imposition of an unreasonable burden on industry. The report shall be accompanied,
where appropriate, by proposals to the European Parliament and the Council. concerning the use of other verification methods.
3. Member States shall take measures to ensure that economic operators submit reliable
information and make available to the Member State, on request, the data that were
used to develop the information. Member States shall require economic operators to
arrange for an adequate standard of independent auditing of the information
submitted, and to provide evidence that this has been done. The auditing shall verify
that the systems used by economic operators are accurate, reliable and protected
against fraud. It shall evaluate the frequency and methodology of sampling and the
robustness of the data. PE-CONS 3740108 REV 1
PAWfc
DG I
38
EN
The information referred to in the first subparagraph shall include in
particular information on compliance with the sustainability criteria set out in
Article 7b2 to 5, appropriate and relevant information on measures taken for soil,
water and air protection, the restoration of degraded land, the avoidance of excessive
water consumption in areas where water is scarce, and appropriate and relevant
information concerning measures taken in order to take into account the issues
referred to in the second subparagraph of Article 7b7. The Commission shall, in accordance with the advisory procedure referred to in
Article 113, establish the list of appropriate and relevant information referred to in
the first two subparagraphs. It shall ensure, in particular, that the provision of that
information does not represent an excessive administrative burden for operators in
general or for smallholder farmers, producer organisations and cooperatives in
particular. The obligations laid down in this paragraph shall apply whether the biofuels are
produced within the Community or imported. Member States shall submit to the Commission in aggregated form, the information
referred to in the first subparagraph.
PE-CONS 3740108 REV 1
PAWfc
DG I
39
EN
4. The Community shall endeavour to conclude bilateral or multilateral agreements
with third countries containing provisions on sustainability criteria that correspond to
those in this Directive. Where the Community has concluded agreements containing
provisions relating to matters covered by the sustainability criteria set out in
Article 7b2 to 5, the Commission may decide that those agreements demonstrate
that biofuels produced from raw materials cultivated in those countries comply with
the sustainability criteria in question. When those agreements are concluded, due
consideration shall be given to measures taken for the conservation of areas that
provide, in critical situations, basic ecosystem services such as watershed protection
and erosion control, for soil, water and air protection, indirect land-use changes, the
restoration of degraded land, the avoidance of excessive water consumption in areas
where water is scarce and to the issues referred to in the second subparagraph of
Article 7b7. PE-CONS 3740108 REV 1
PAWfc
DG I
40
EN
The Commission may decide that voluntary national or international schemes setting
standards for the production of biomass products contain accurate data for the
purposes of Article 7b2 or demonstrate that consignments of biofuel comply with
the sustainability criteria set out in Article 7b3 to 5. The Commission may decide
that those schemes contain accurate data for the purposes of information on measures
taken for the conservation of areas that provide, in critical situations, basic ecosystem
services such as watershed protection and erosion control, for soil, water and air
protection, the restoration of degraded land, the avoidance of excessive water
consumption in areas where water is scarce and on the issues referred to in the
second subparagraph of Article 7b7. The Commission may also recognise areas for
the protection of rare, threatened or endangered ecosystems or species recognised by
international agreements or included in lists drawn up by intergovernmental
organisations or the International Union for the Conservation of Nature for the
purposes of Article 7b3bii. The Commission may decide that voluntary national or international schemes to
measure greenhouse gas savings contain accurate data for the purposes of
Article 7b2. The Commission may decide that land that falls within the scope of a national or
regional recovery programme aimed at improving severely degraded or heavily
contaminated land fulfils the criteria referred to in point 9 of Part C of Annex IV. PE-CONS 3740108 REV 1
PAWfc
DG I
41
EN
5. The Commission shall adopt decisions under paragraph 4 only if the agreement or
scheme in question meets adequate standards of reliability, transparency and
independent auditing. Schemes to measure greenhouse gas savings shall also comply
with the methodological requirements in Annex IV. Lists of areas of high
biodiversity value as referred to in Article 7b3bii shall meet adequate standards
of objectivity and coherence with internationally recognised standards and provide
for appropriate appeal procedures. 6. Decisions under paragraph 4 shall be adopted in accordance with the advisory
procedure referred to in Article 113. Such decisions shall be valid for a period of
no more than five years.
7. When an economic operator provides proof or data obtained in accordance with an
agreement or scheme that has been the subject of a decision under paragraph 4, to the
extent covered by that decision, a Member State shall not require the supplier to
provide further evidence of compliance with the sustainability criteria set out in
Article 7b2 to 5 nor information on measures referred to in the second
subparagraph of paragraph 3 of this Article. PE-CONS 3740108 REV 1
PAWfc
DG I
42
EN
8. At the request of a Member State or on its own initiative the Commission shall
examine the application of Article 7b in relation to a source of biofuel and, within
six months of receipt of a request and in accordance with the advisory procedure
referred to in Article 113, decide whether the Member State concerned may take
biofuel from that source into account for the purposes of Article 7a. 9. By 31 December 2012, the Commission shall report to the European Parliament and
to the Council on
a
the effectiveness of the system in place for the provision of information on
sustainability criteria and
b whether it is feasible and appropriate to introduce mandatory requirements in
relation to air, soil or water protection, taking into account the latest scientific
evidence and the Communitys international obligations.
The Commission shall, if appropriate, propose corrective action. PE-CONS 3740108 REV 1
PAWfc
DG I
43
EN
Article 7d
Calculation of life cycle greenhouse gas emissions from biofuels
1. For the purposes of Article 7a and Article 7b2, life cycle greenhouse gas emissions
from biofuels shall be calculated as follows
a where a default value for greenhouse gas emission savings for the biofuel
production pathway is laid down in Part A or B of Annex IV and where
the el value for those biofuels calculated in accordance with point 7 of Part C of
Annex IV is equal to or less than zero, by using that default value
b
by using an actual value calculated in accordance with the methodology laid
down in Part C of Annex IV or
c
by using a value calculated as the sum of the factors of the formula referred to
in point 1 of Part C of Annex IV, where disaggregated default values in Part D
or E of Annex IV may be used for some factors, and actual values, calculated
in accordance with the methodology laid down in Part C of Annex IV, for all
other factors. PE-CONS 3740108 REV 1
PAWfc
DG I
44
EN
2. By 31 March 2010, Member States shall submit to the Commission a report
including a list of those areas on their territory classified as level 2 in the
nomenclature of territorial units for statistics NUTS or as a more
disaggregated NUTS level in accordance with Regulation EC No 10592003 of the
European Parliament and of the Council of 26 May 2003 on the establishment of a
common classification of territorial units for statistics NUTS where the typical
greenhouse gas emissions from cultivation of agricultural raw materials can be
expected to be lower than or equal to the emissions reported under the heading
Disaggregated default values for cultivation in part D of Annex IV to this
Directive, accompanied by a description of the method and data used to establish that
list. That method shall take into account soil characteristics, climate and expected
raw material yields. 3. The default values in Part A of Annex IV, and the disaggregated default values for
cultivation in Part D of Annex IV, may be used only when their raw materials are
a
cultivated outside the Community
b
cultivated in the Community in areas included in the lists referred to in
paragraph 2 or
c waste or residues other than agricultural, aquaculture and fisheries residues. For biofuels not falling under points a, b or c, actual values for cultivation shall
be used. PE-CONS 3740108 REV 1
PAWfc
DG I
45
EN
4. By 31 March 2010, the Commission shall submit a report to the European Parliament
and to the Council on the feasibility of drawing up lists of areas in third countries
where the typical greenhouse gas emissions from cultivation of agricultural raw
materials can be expected to be lower than or equal to the emissions reported under
the heading cultivation in part D of Annex IV, accompanied if possible by such
lists and a description of the method and data used to establish them. The report
shall, if appropriate, be accompanied by relevant proposals. 5. The Commission shall report by 31 December 2012 at the latest, and every two years
thereafter, on the estimated typical and default values in Parts B and E of Annex IV,
paying special attention to emissions from transport and processing and may, where
necessary, decide to correct the values. Those measures, designed to amend
non-essential elements of this Directive shall be adopted in accordance with the
regulatory procedure with scrutiny referred to in Article 114. 6. The Commission shall, by 31 December 2010, submit a report to the European
Parliament and to the Council reviewing the impact of indirect land use change on
greenhouse gas emissions and addressing ways to minimise that impact. The report
shall, if appropriate, be accompanied by a proposal, based on the best available
scientific evidence, containing a concrete methodology for emissions from carbon
stock changes caused by indirect land use changes, ensuring compliance with this
Directive, in particular Article 7b2.
PE-CONS 3740108 REV 1
PAWfc
DG I
46
EN
Such a proposal shall include the necessary safeguards to provide certainty for
investment, undertaken before that methodology is applied. With respect to
installations that produced biofuels before the end of 2013, the application of the
measures referred to in the first subparagraph shall not, until 31 December 2017, lead
to biofuels produced by these installations being deemed to have failed to comply
with the sustainability requirements of this Directive if they would otherwise have
done so, provided that those biofuels achieve a greenhouse gas saving of
at least 45 . This shall apply to the capacities of the installations of biofuels at the
end of 2012. The European Parliament and the Council shall endeavour to decide by
31 December 2012 on any such proposals submitted by the Commission. 7. Annex IV may be adapted to technical and scientific progress, including by the
addition of values for further biofuel production pathways for the same or for other
raw materials and by modifying the methodology laid down in Part C. Those
measures, designed to amend non-essential elements of this Directive, inter alia by
supplementing it, shall be adopted in accordance with the regulatory procedure with
scrutiny referred to in Article 114. PE-CONS 3740108 REV 1
PAWfc
DG I
47
EN
Regarding the default values and methodology laid down in Annex IV, particular
consideration shall be paid to
the method of accounting for wastes and residues,
the method of accounting for co-products,
the method of accounting for cogeneration, and
the status given to agricultural crop residues as co-products. The default values for waste vegetable or animal oil biodiesel shall be reviewed as
soon as possible. Any adaptation of or addition to the list of default values in Annex IV shall comply
with the following
a where the contribution of a factor to overall emissions is small, or where there
is limited variation, or where the cost or difficulty of establishing actual values
is high, default values must be typical of normal production processes
b
in all other cases default values must be conservative compared to normal
production processes. PE-CONS 3740108 REV 1
PAWfc
DG I
48
EN
8.
Detailed definitions, including technical specifications required for the categories set
out in point 9 of Part C of Annex IV shall be established. Those measures, designed
to amend non-essential elements of this Directive by supplementing it, shall be
adopted in accordance with the regulatory procedure with scrutiny referred to in
Article 114. Article 7e
Implementing measures and reports concerning the sustainability of biofuels
1. The implementing measures referred to in the second subparagraph of Article 7b3,
the third subparagraph of Article 7c3, Article 7c6, Article 7c8, Article 7d5, the
first subparagraph of Article 7d7 and Article 7d8 shall also take full account of
the purposes of Directive 2009EC. 2.
The reports by the Commission to the European Parliament and to the Council
referred to in Article 7b7, Article 7c2, Article 7c9, Article 7d4 and 5 and the
first subparagraph of Article 7d6, as well as the reports and information submitted
pursuant to in the first and fifth subparagraphs of Article 7c3 and Article 7d2,
shall be prepared and transmitted for the purposes of both Directive 2009EC and
this Directive. ____________________
OJ L 30, 31.1.2009, p. 16. OJ L 154, 21.6.2003, p. 1. OJ please insert number of the directive referred to in recital 8. PE-CONS 3740108 REV 1
PAWfc
DG I
49
EN
7
in Article 8, paragraph 1 shall be replaced by the following
1. Member States shall monitor compliance with the requirements of Articles 3 and 4,
in respect of petrol and diesel fuels, on the basis of the analytical methods referred to
in European standards EN 2282004 and EN 5902004 respectively. 8
the following Article shall be inserted
Article 8a
Metallic additives
1. The Commission shall conduct an assessment of the risks for health and the
environment from the use of metallic additives in fuel and, for this purpose, develop
a test methodology. It shall report its conclusions to the European Parliament and to
the Council by 31 December 2012. 2. Pending the development of the test methodology referred to in paragraph 1, the
presence of the metallic additive methylcyclopentadienyl manganese
tricarbonyl MMT in fuel shall be limited to 6 mg of manganese per litre from
1 January 2011. The limit shall be 2 mg of manganese per litre from 1 January 2014. PE-CONS 3740108 REV 1
PAWfc
DG I
50
EN
3. The limit for the MMT content of fuel specified in paragraph 2 shall be revised on
the basis of the results of the assessment carried out using the test methodology
referred to in paragraph 1. It may be reduced to zero where justified by the risk
assessment. It cannot be increased unless justified by the risk assessment. Such a
measure, designed to amend non-essential elements of this Directive shall be adopted
in accordance with the regulatory procedure with scrutiny referred to in
Article 114. 4. Member States shall ensure that a label concerning the metallic additive content of
fuel is displayed at any point where a fuel with metallic additives is made available
to consumers. 5. 6. The label shall contain the following text Contains metallic additives. The label shall be attached to the place where information indicating the type of fuel
is displayed, in a clearly visible position. The label shall be of a size and font that is
clearly visible and easily legible. PE-CONS 3740108 REV 1
PAWfc
DG I
51
EN
9
Article 9 shall be replaced by the following
Article 9
Reporting
1. The Commission shall submit by 31 December 2012, and every three years
thereafter, a report to the European Parliament and the Council accompanied, where
appropriate, by a proposal for amendments to this Directive. That report shall in
particular take account of the following
a
the use and evolution of automotive technology and, in particular, the
feasibility of increasing the maximum permitted biofuel content of petrol and
diesel and the need to review the date mentioned in Article 33
b Community policy on CO2 emissions from road transport vehicles
c
the possibility of applying the requirements of Annex II, and in particular the
limit value for polycyclic aromatic hydrocarbons, to non-road mobile
machinery including inland waterways vessels, agricultural and forestry
tractors and recreational craft
d
the increase in the use of detergents in fuels
PE-CONS 3740108 REV 1
PAWfc
DG I
52
EN
e
the use of metallic additives other than MMT in fuels
f
the total volume of components used in petrol and diesel having regard to
Community environmental legislation, including the objectives of
Directive 200060EC of the European Parliament and of the Council of
23 October 2000 establishing a framework for Community action in the field of
water policy and its daughter directives
g
the consequences of the greenhouse gas reduction target set in Article 7a2 for
the emissions trading scheme
h
the potential need for adjustments to Articles 26, 27 and 7a2b in order to
assess possible contributions for reaching a greenhouse gas reduction target of
up to 10 by 2020. These considerations shall be based on the potential for
life cycle greenhouse gas emission reductions from fuels and energy within the
Community, taking into account in particular any developments in
environmentally safe carbon capture and storage technologies and in electric
road vehicles, and the cost effectiveness of means of reducing those emissions,
as referred to in Article 7a2b
PE-CONS 3740108 REV 1
PAWfc
DG I
53
EN
i
the possibility of introducing additional measures for suppliers to reduce
by 2 life cycle greenhouse gas emissions per unit of energy, in comparison
with the fuel baseline standard referred to in Article 7a5b, through the use
of credits purchased through the Clean Development Mechanism of the
Kyoto Protocol under the conditions set out in Directive 200387EC, in order
to assess further possible contributions for reaching a greenhouse gas reduction
target of up to 10 by 2020, as referred to in Article 7a2c of this Directive
j
an updated cost-benefit and impact analysis of a reduction in the maximum
permitted vapour pressure for petrol for the summer period below 60 kPa. 2. At the latest in 2014, the Commission shall submit a report to the European
Parliament and the Council relating to the achievement of the greenhouse gas
emission target for 2020 referred to in Article 7a, taking into account the need for
consistency between this target and the target referred to in Article 33 of
Directive 2009EC, concerning the share of energy from renewable sources in
transport, in the light of the reports referred to in Articles 238 and 239 of that
Directive.
The Commission shall, if appropriate, accompany its report by a proposal for
modification of the target. _____________________
OJ L 327, 22.12.2000, p. 1. OJ please insert number of the directive referred to in recital 8. PE-CONS 3740108 REV 1
PAWfc
DG I
54
EN
10
in Article 10, paragraph 1 shall be replaced by the following
1. If the adaptation of the permitted analytical methods referred to in Annex I or II to
technical progress is necessary, amendments, designed to amend non-essential
elements of this Directive, may be adopted in accordance with the regulatory
procedure with scrutiny referred to in Article 114. Annex III may also be adapted to
technical and scientific progress. That measure, designed to amend non-essential
elements of this Directive, shall be adopted in accordance with the regulatory
procedure with scrutiny referred to in Article 114. 11
Article 11 shall be replaced by the following
Article 11
Committee Procedure
1. Except in the cases referred to in paragraph 2, the Commission shall be assisted by
the Committee on Fuel Quality. 2. For matters relating to the sustainability of biofuels under Articles 7b, 7c and 7d, the
Commission shall be assisted by the Committee on the Sustainability of Biofuels and
Bioliquids referred to in Article 252 of Directive 2009EC. OJ please insert number of the directive referred to in recital 8. PE-CONS 3740108 REV 1
PAWfc
DG I
55
EN
3. Where reference is made to this paragraph, Articles 3 and 7 of
Decision 1999468EC shall apply, having regard to the provisions of Article 8
thereof. 4. Where reference is made to this paragraph, Articles 5a1 to 4, and Article 7 of
Decision 1999468EC shall apply, having regard to the provisions of Article 8
thereof. 12
Article 14 shall be deleted
13
Annexes I, II, III and IV shall be replaced by the text appearing in the Annex to this
Directive.
PE-CONS 3740108 REV 1
PAWfc
DG I
56
EN
Article 2
Amendments to Directive 199932EC
Directive 199932EC is hereby amended as follows
1
Article 2 shall be amended as follows
a
point 3 shall be replaced by the following
3. marine fuel means any petroleum-derived liquid fuel intended for use or in use
on board a vessel, including those fuels defined in ISO 8217. It includes any
petroleum-derived liquid fuel in use on board inland waterway vessels or
recreational craft, as defined in Directive 9768EC of the European Parliament
and of the Council of 16 December 1997 on the approximation of the laws of
the Member States relating to measures against the emission of gaseous and
particulate pollutants from internal combustion engines to be installed in
non-road mobile machinery and Directive 9425EC of the European
Parliament and of the Council of 16 June 1994 on the approximation of the
laws, regulations and administrative provisions of the Member States relating
to recreational craft, when such vessels are at sea
____________________
OJ L 59, 27.2.1998, p. 1. OJ L 164, 30.6.1994, p.
15. b
point 3j shall be deleted
PE-CONS 3740108 REV 1
PAWfc
DG I
57
EN
2
Article 4b shall be amended as follows
a
the title shall be replaced by the following Maximum sulphur content of marine
fuels used by ships at berth in Community ports
b
in paragraph 1, point a shall be deleted
c
in paragraph 2, point b shall be deleted
3
in Article 6, paragraph 1a, the third subparagraph shall be replaced by the following
Sampling shall commence on the date on which the relevant limit for maximum sulphur
content in the fuel comes into force. It shall be carried out with sufficient frequency, in
sufficient quantities, and in such a way that the samples are representative of the fuel
examined, and of the fuel being used by vessels while in relevant sea areas and ports.. Article 3
Repeal
Directive 9312EEC shall be repealed. PE-CONS 3740108 REV 1
PAWfc
DG I
58
EN
Article 4
Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions
necessary to comply with this Directive by 31 December 2010 at the latest. They shall forthwith communicate to the Commission the text of those measures. When Member States adopt these measures, they shall contain a reference to this Directive
or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States. 2. Member States shall communicate to the Commission the text of the main provisions of
national law which they adopt in the field covered by this Directive. PE-CONS 3740108 REV 1
PAWfc
DG I
59
EN
Article 5
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the
Official Journal of the European Union.
Article 6
Addressees
This Directive is addressed to the Member States. Done at,
For the European Parliament
The President
For the Council
The President
PE-CONS 3740108 REV 1
PAWfc
DG I
60
EN
ANNEX
ANNEX I
ENVIRONMENTAL SPECIFICATIONS FOR MARKET FUELS TO BE USED
FOR VEHICLES EQUIPPED WITH POSITIVE-IGNITION ENGINES
Type Petrol
Parameter 1
Unit
Limits 2
Minimum
Maximum
Research octane number
Motor octane number
Vapour pressure, summer period 4
kPa
Distillation
percentage evaporated at 100 ºC
percentage evaporated at 150 ºC
Hydrocarbon analysis
olefins
aromatics
benzene
Oxygen content
vv
vv
vv
vv
vv
mm
95 3
85
46,0
75,0
60,0 5
18,0
35,0
1,0
3,7
PE-CONS 3740108 REV 1
ANNEX
DG I
PAWfc
1
EN
Parameter 1
Unit
Limits 2
Minimum
Maximum
Oxygenates
Methanol
Ethanol stabilising agents may be
necessary
Iso propyl alcohol
Tert butyl alcohol
Iso butyl alcohol
Ethers containing five or more carbon
atoms per molecule
Other oxygenates 6
Sulphur content
Lead content
vv
vv
vv
vv
vv
vv
vv
mgkg
gl
3,0
10,0
12,0
15,0
15,0
22,0
15,0
10,0
0,005
PE-CONS 3740108 REV 1
ANNEX
DG I
PAWfc
2
EN
_______________________________
1
2
3
4
5
6
Test methods shall be those specified in EN 2282004. Member States may adopt the
analytical method specified in replacement EN 2282004 standard if it can be shown to
give at least the same accuracy and at least the same level of precision as the analytical
method it replaces. The values quoted in the specification are true values. In the establishment of their limit
values, the terms of EN ISO 42592006 Petroleum products Determination and
application of precision data in relation to methods of test have been applied and in fixing
a minimum value, a minimum difference of 2R above zero has been taken into
account R reproducibility. The results of individual measurements shall be interpreted
on the basis of the criteria described in EN ISO 42592006. Member States may decide to continue to permit the placing on the market of unleaded
regular grade petrol with a minimum motor octane number MON of 81 and a minimum
research octane number RON of 91. The summer period shall begin no later than 1 May and shall not end before 30 September. For Member States with low ambient summer temperatures the summer period shall begin
no later than 1 June and shall not end before 31 August. In the case of Member States with low ambient summer temperatures and for which a
derogation is in effect in accordance with Article 34 and 5, the maximum vapour
pressure shall be 70 kPa. In the case of Member States for which a derogation is in effect
in accordance with Article 34 and 5 for petrol containing ethanol, the maximum vapour
pressure shall be 60 kPa plus the vapour pressure waiver specified in Annex III. Other mono-alcohols and ethers with a final boiling point no higher than that stated
in EN 2282004. PE-CONS 3740108 REV 1
ANNEX
DG I
PAWfc
3
EN
ANNEX II
ENVIRONMENTAL SPECIFICATIONS FOR MARKET FUELS
TO BE USED FOR VEHICLES EQUIPPED WITH
COMPRESSION IGNITION ENGINES
Parameter 1
Unit
Limits 2
Type Diesel
Cetane number
Density at 15 ºC
Distillation
95 vv recovered at
Polycyclic aromatic hydrocarbons
Sulphur content
FAME content EN 14078
Minimum
Maximum
51,0
-
Kgm3
ºC
mm
mgkg
vv
845,0
360,0
8,0
10,0
7,0 3
PE-CONS 3740108 REV 1
ANNEX
DG I
PAWfc
4
EN
1
2
3
Test methods shall be those specified in EN 5902004. Member States may adopt the
analytical method specified in replacement EN 5902004 standard if it can be shown to
give at least the same accuracy and at least the same level of precision as the analytical
method it replaces. The values quoted in the specification are true values. In the establishment of their limit
values, the terms of EN ISO 42592006 Petroleum products Determination and
application of precision data in relation to methods of test have been applied and in fixing
a minimum value, a minimum difference of 2R above zero has been taken into account
R reproducibility. The results of individual measurements shall be interpreted on the
basis of the criteria described in EN ISO 42592006. FAME shall comply with EN 14214. PE-CONS 3740108 REV 1
ANNEX
DG I
PAWfc
5
EN
ANNEX III
VAPOUR PRESSURE WAIVER PERMITTED FOR
PETROL CONTAINING BIOETHANOL
Bioethanol content vv
Vapour pressure waiver permitted kPa
0
1
2
3
4
5
6
7
8
9
10
0
3,65
5,95
7,20
7,80
8,0
8,0
7,94
7,88
7,82
7,76
The permitted vapour pressure waiver for intermediate bioethanol content between the values listed
shall be determined by a straight line interpolation between the bioethanol content immediately
above and that immediately below the intermediate value. PE-CONS 3740108 REV 1
ANNEX
DG I
PAWfc
6
EN
ANNEX IV
RULES FOR CALCULATING LIFE CYCLE GREENHOUSE EMISSIONS
FROM BIOFUELS
A.
Typical and default values for biofuels if produced with no net carbon emissions from land
use change
Biofuel production pathway
Typical greenhouse
gas emission saving
Default greenhouse
gas emission saving
sugar beet ethanol
61
wheat ethanol process fuel not specified
32
wheat ethanol lignite as process fuel in
CHP plant
wheat ethanol natural gas as process fuel
in conventional boiler
wheat ethanol natural gas as process fuel
in CHP plant
wheat ethanol straw as process fuel in
CHP plant
corn maize ethanol, Community
produced natural gas as process fuel in
CHP plant
32
45
53
69
56
52
16
16
34
47
69
49
PE-CONS 3740108 REV 1
ANNEX
DG I
PAWfc
7
EN
Biofuel production pathway
Typical greenhouse
gas emission saving
Default greenhouse
gas emission saving
sugar cane ethanol
71
71
the part from renewable sources of ethyl-
tertio-butyl-ether ETBE
Equal to that of the ethanol production
pathway used
the part from renewable sources of tertiary-
amyl-ethyl-ether TAEE
Equal to that of the ethanol production
pathway used
rape seed biodiesel
sunflower biodiesel
soybean biodiesel
45
58
40
palm oil biodiesel process not specified
36
palm oil biodiesel process with methane
capture at oil mill
62
waste vegetable or animal oil biodiesel
88
hydrotreated vegetable oil from rape seed
51
38
51
31
19
56
83
47
PE-CONS 3740108 REV 1
ANNEX
DG I
PAWfc
8
EN
Biofuel production pathway
Typical greenhouse
gas emission saving
Default greenhouse
gas emission saving
hydrotreated vegetable oil from sunflower
65
hydrotreated vegetable oil from palm oil
process not specified
hydrotreated vegetable oil from palm oil
process with methane capture at oil mill
pure vegetable oil from rape seed
biogas from municipal organic waste as
compressed natural gas
biogas from wet manure as compressed
natural gas
biogas from dry manure as compressed
natural gas
40
68
58
80
84
86
62
26
65
57
73
81
82
Not including animal oil produced from animal by-products classified as category 3
material in accordance with Regulation EC 17742002 of the European Parliament
and of the Council of 3 October 2002 laying down health rules on animal
by-products not intended for human consumption1. 1
OJ L 273, 10.10.2002, p.
1. PE-CONS 3740108 REV 1
ANNEX
DG I
PAWfc
9
EN
B. Estimated typical and default values for future biofuels that were not on the market or were
on the market only in negligible quantities in January 2008, if produced with no net carbon
emissions from land use change
Biofuel production pathway
Typical greenhouse
gas emission saving
Default greenhouse
gas emission saving
wheat straw ethanol
waste wood ethanol
farmed wood ethanol
waste wood Fischer-Tropsch
diesel
farmed wood Fischer-Tropsch
diesel
87
80
76
95
93
waste wood dimethylether DME
95
farmed wood DME
waste wood methanol
farmed wood methanol
92
94
91
85
74
70
95
93
95
92
94
91
the part from renewable sources of
methyl-tertio-butyl-ether MTBE
Equal to that of the methanol production
pathway used
PE-CONS 3740108 REV 1
ANNEX
DG I
PAWfc
10
EN
C. Methodology
1. Greenhouse gas emissions from the production and use of biofuels shall be
calculated as
E eec el ep etd eu esca eccs eccr eee
where
E total emissions from the use of the fuel
eec emissions from the extraction or cultivation of raw materials
el annualised emissions from carbon stock changes caused by land use change
ep emissions from processing
etd emissions from transport and distribution
eu emissions from the fuel in use
esca emission savings from soil carbon accumulation via improved agricultural
management
PE-CONS 3740108 REV 1
ANNEX
DG I
PAWfc
11
EN
eccs emission savings from carbon capture and geological storage
eccr emission savings from carbon capture and replacement and
eee emission savings from excess electricity from cogeneration. Emissions from the manufacture of machinery and equipment shall not be taken into
account. 2. Greenhouse gas emissions from fuels, E, shall be expressed in terms of grams of CO2
equivalent per MJ of fuel, gCO2eqMJ. 3. By derogation from point 2, values calculated in terms of gCO2eqMJ may be
adjusted to take into account differences between fuels in useful work done,
expressed in terms of kmMJ. Such adjustments shall only be made where evidence
of the differences in useful work done is provided. 4. Greenhouse gas emission savings from biofuels shall be calculated as
SAVING EF EBEF
where
EB total emissions from the biofuel and
EF total emissions from the fossil fuel comparator. PE-CONS 3740108 REV 1
ANNEX
DG I
PAWfc
12
EN
5. The greenhouse gases taken into account for the purposes of point 1 shall be CO2,
N2O and CH4. For the purpose of calculating CO2 equivalence, those gases shall be
valued as follows
CO2 1
N2O 296
CH4 23
6. Emissions from the extraction or cultivation of raw materials, eec, shall include
emissions from the extraction or cultivation process itself from the collection of raw
materials from waste and leakages and from the production of chemicals or
products used in extraction or cultivation. Capture of CO2 in the cultivation of raw
materials shall be excluded. Certified reductions of greenhouse gas emissions from
flaring at oil production sites anywhere in the world shall be deducted. Estimates of
emissions from cultivation may be derived from the use of averages calculated for
smaller geographical areas than those used in the calculation of the default values, as
an alternative to using actual values.
PE-CONS 3740108 REV 1
ANNEX
DG I
PAWfc
13
EN
7. Annualised emissions from carbon stock changes caused by land use change, el, shall
be calculated by dividing total emissions equally over 20 years. For the calculation of
those emissions the following rule shall be applied
el CSR CSA x 3,664 x 120 x 1P -eB,
1
where
el
annualised greenhouse gas emissions from carbon stock change due to
land use change measured as mass of CO2-equivalent per unit biofuel
energy
CSR
the carbon stock per unit area associated with the reference land use
measured as mass of carbon per unit area, including both soil and
vegetation. The reference land use shall be the land use in January 2008
or 20 years before the raw material was obtained, whichever was the
later
CSA
the carbon stock per unit area associated with the actual land use
measured as mass of carbon per unit area, including both soil and
vegetation. In cases where the carbon stock accumulates over more than
one year, the value attributed to CSA shall be the estimated stock per unit
area after 20 years or when the crop reaches maturity, whichever is the
earlier
1
The quotient obtained by dividing the molecular weight of CO2 44,010 gmol by the
molecular weight of carbon 12,011 gmol is equal to 3,664. PE-CONS 3740108 REV 1
ANNEX
DG I
PAWfc
14
EN
P
the productivity of the crop measured as biofuel energy per unit area
per year and
eB
bonus of 29 gCO2eqMJ biofuel if biomass is obtained from restored
degraded land under the conditions provided for in point 8. 8. The bonus of 29 gCO2eqMJ shall be attributed if evidence is provided that the land
a was not in use for agriculture or any other activity in January 2008 and
b
falls into one of the following categories
i
severely degraded land, including such land that was formerly in
agricultural use
ii
heavily contaminated land. The bonus of 29 gCO2eqMJ shall apply for a period of up to 10 years from the date
of conversion of the land to agricultural use, provided that a steady increase in
carbon stocks as well as a sizable reduction in erosion phenomena for land falling
under i are ensured and that soil contamination for land falling under ii is reduced. PE-CONS 3740108 REV 1
ANNEX
DG I
PAWfc
15
EN
9. The categories mentioned in point 8b are defined as follows
a
severely degraded land means land that, for a significant period of time, has
either been significantly salinated or presented significantly low organic matter
content and been severely eroded
b
heavily contaminated land means land that is unfit for the cultivation of food
and feed due to soil contamination. Such land shall include land that has been the subject of a Commission decision in
accordance with the fourth subparagraph of Article 7c3. 10. The guide adopted pursuant to point 10 of Part C of Annex V to
Directive 2009...EC shall serve as the basis of the calculation of land carbon stocks
for the purposes of this Directive. 11. Emissions from processing, ep, shall include emissions from the processing itself
from waste and leakages and from the production of chemicals or products used in
processing.
OJ please insert number of the directive referred to in recital 8. PE-CONS 3740108 REV 1
ANNEX
DG I
PAWfc
16
EN
In accounting for the consumption of electricity not produced within the fuel
production plant, the greenhouse gas emission intensity of the production and
distribution of that electricity shall be assumed to be equal to the average emission
intensity of the production and distribution of electricity in a defined region. As an
exception to this rule producers may use an average value for an individual
electricity production plant for electricity produced by that plant, if that plant is not
connected to the electricity grid.
12. Emissions from transport and distribution, etd, shall include emissions from the
transport and storage of raw and semi-finished materials and from the storage and
distribution of finished materials. Emissions from transport and distribution to be
taken into account under point 6 shall not be covered by this point. 13. Emissions from the fuel in use, eu, shall be taken to be zero for biofuels. 14. Emission savings from carbon capture and geological storage eccs, that have not
already been accounted for in ep, shall be limited to emissions avoided through the
capture and sequestration of emitted CO2 directly related to the extraction, transport,
processing and distribution of fuel. 15. Emission savings from carbon capture and replacement, eccr, shall be limited to
emissions avoided through the capture of CO2 of which the carbon originates from
biomass and which is used to replace fossil-derived CO2 used in commercial
products and services. PE-CONS 3740108 REV 1
ANNEX
DG I
PAWfc
17
EN
16. Emission savings from excess electricity from cogeneration, eee, shall be taken into
account in relation to the excess electricity produced by fuel production systems that
use cogeneration except where the fuel used for the cogeneration is a co-product
other than an agricultural crop residue. In accounting for that excess electricity, the
size of the cogeneration unit shall be assumed to be the minimum necessary for the
cogeneration unit to supply the heat that is needed to produce the fuel. The
greenhouse gas emission savings associated with that excess electricity shall be taken
to be equal to the amount of greenhouse gas that would be emitted when an equal
amount of electricity was generated in a power plant using the same fuel as the
cogeneration unit. 17. Where a fuel production process produces, in combination, the fuel for which
emissions are being calculated and one or more other products co-products,
greenhouse gas emissions shall be divided between the fuel or its intermediate
product and the co-products in proportion to their energy content determined by
lower heating value in the case of co-products other than electricity. 18. For the purposes of the calculation referred to in point 17, the emissions to be
divided shall be eec el those fractions of ep, etd and eee that take place up to and
including the process step at which a co-product is produced. If any allocation to
co-products has taken place at an earlier process step in the life-cycle, the fraction of
those emissions assigned in the last such process step to the intermediate fuel product
shall be used for this purpose instead of the total of those emissions. PE-CONS 3740108 REV 1
ANNEX
DG I
PAWfc
18
EN
All co-products, including electricity that does not fall under the scope of point 16,
shall be taken into account for the purposes of that calculation, except for agricultural
crop residues, including straw, bagasse, husks, cobs and nut shells. Co-products that
have a negative energy content shall be considered to have an energy content of zero
for the purpose of the calculation. Wastes, agricultural crop residues, including straw, bagasse, husks, cobs and nut
shells, and residues from processing, including crude glycerine glycerine that is not
refined, shall be considered to have zero life-cycle greenhouse gas emissions up to
the process of collection of those materials. In the case of fuels produced in refineries, the unit of analysis for the purposes of the
calculation referred to in point 17 shall be the refinery.
19. For the purposes of the calculation referred to in point 4, the fossil fuel
comparator EF shall be the latest available actual average emissions from the fossil
part of petrol and diesel consumed in the Community as reported under this
Directive. If no such data are available, the value used shall be 83,8 gCO2eqMJ. PE-CONS 3740108 REV 1
ANNEX
DG I
PAWfc
19
EN
D. Disaggregated default values for biofuels
Disaggregated default values for cultivation eec as defined in Part C of this Annex
Biofuel production pathway
sugar beet ethanol
wheat ethanol
corn maize ethanol, Community produced
sugar cane ethanol
the part from renewable sources of ETBE
the part from renewable sources of TAEE
rape seed biodiesel
sunflower biodiesel
soybean biodiesel
palm oil biodiesel
Typical
greenhouse
gas emissions
gCO2eqMJ
Default
greenhouse
gas emissions
gCO2eqMJ
12
23
20
14
12
23
20
14
Equal to that of the ethanol production
pathway used
Equal to that of the ethanol production
pathway used
29
18
19
14
29
18
19
14
PE-CONS 3740108 REV 1
ANNEX
DG I
PAWfc
20
EN
Biofuel production pathway
Typical
greenhouse
gas emissions
gCO2eqMJ
Default
greenhouse
gas emissions
gCO2eqMJ
waste vegetable or animal oil biodiesel
hydrotreated vegetable oil from rape seed
hydrotreated vegetable oil from sunflower
hydrotreated vegetable oil from palm oil
pure vegetable oil from rape seed
biogas from municipal organic waste as compressed
natural gas
biogas from wet manure as compressed natural gas
biogas from dry manure as compressed natural gas
0
30
18
15
30
0
0
0
0
30
18
15
30
0
0
0
________________________________
Not including animal oil produced from animal by-products classified as category 3
material in accordance with Regulation EC 17742002. PE-CONS 3740108 REV 1
ANNEX
DG I
PAWfc
21
EN
Disaggregated default values for processing including excess electricity
ep eee as defined in Part C of this Annex
Biofuel production pathway
Typical
greenhouse
gas emissions
gCO2eqMJ
Default
greenhouse
gas emissions
gCO2eqMJ
sugar beet ethanol
wheat ethanol process fuel not specified
wheat ethanol lignite as process fuel in CHP plant
wheat ethanol natural gas as process fuel in conventional
boiler
wheat ethanol natural gas as process fuel in CHP plant
wheat ethanol straw as process fuel in CHP plant
corn maize ethanol, Community produced natural gas
as process fuel in CHP plant
sugar cane ethanol
the part from renewable sources of ETBE
the part from renewable sources of TAEE
rape seed biodiesel
sunflower biodiesel
soybean biodiesel
19
32
32
21
14
1
15
1
26
45
45
30
19
1
21
1
Equal to that of the ethanol production
pathway used
Equal to that of the ethanol production
pathway used
16
16
18
22
22
26
PE-CONS 3740108 REV 1
ANNEX
DG I
PAWfc
22
EN
Biofuel production pathway
Typical
greenhouse
gas emissions
gCO2eqMJ
Default
greenhouse
gas emissions
gCO2eqMJ
palm oil biodiesel process not specified
palm oil biodiesel process with methane capture at oil
mill
waste vegetable or animal oil biodiesel
hydrotreated vegetable oil from rape seed
hydrotreated vegetable oil from sunflower
hydrotreated vegetable oil from palm oil process not
specified
hydrotreated vegetable oil from palm oil process with
methane capture at oil mill
pure vegetable oil from rape seed
biogas from municipal organic waste as compressed
natural gas
biogas from wet manure as compressed natural gas
biogas from dry manure as compressed natural gas
35
13
9
10
10
30
7
4
14
8
8
49
18
13
13
13
42
9
5
20
11
11
PE-CONS 3740108 REV 1
ANNEX
DG I
PAWfc
23
EN
Disaggregated default values for transport and distribution etd as defined in Part C of this
Annex
Biofuel production pathway
sugar beet ethanol
wheat ethanol
corn maize ethanol, Community produced
sugar cane ethanol
the part from renewable sources of ETBE
the part from renewable sources of TAEE
rape seed biodiesel
sunflower biodiesel
soybean biodiesel
palm oil biodiesel
waste vegetable or animal oil biodiesel
Typical
greenhouse
gas emissions
gCO2eqMJ
Default
greenhouse
gas emissions
gCO2eqMJ
2
2
2
9
2
2
2
9
Equal to that of the ethanol
production pathway used
Equal to that of the ethanol
production pathway used
1
1
13
5
1
1
1
13
5
1
PE-CONS 3740108 REV 1
ANNEX
DG I
PAWfc
24
EN
Biofuel production pathway
Typical
greenhouse
gas emissions
gCO2eqMJ
Default
greenhouse
gas emissions
gCO2eqMJ
hydrotreated vegetable oil from rape seed
hydrotreated vegetable oil from sunflower
hydrotreated vegetable oil from palm oil
pure vegetable oil from rape seed
biogas from municipal organic waste as compressed natural
gas
biogas from wet manure as compressed natural gas
biogas from dry manure as compressed natural gas
1
1
5
1
3
5
4
1
1
5
1
3
5
4
PE-CONS 3740108 REV 1
ANNEX
DG I
PAWfc
25
EN
Total for cultivation, processing, transport and distribution
Biofuel production pathway
Typical
greenhouse
gas emissions
gCO2eqMJ
Default
greenhouse
gas emissions
gCO2eqMJ
sugar beet ethanol
wheat ethanol process fuel not specified
wheat ethanol lignite as process fuel in CHP plant
wheat ethanol natural gas as process fuel in conventional
boiler
wheat ethanol natural gas as process fuel in CHP plant
wheat ethanol straw as process fuel in CHP plant
corn maize ethanol, Community produced natural gas as
process fuel in CHP plant
sugar cane ethanol
the part from renewable sources of ETBE
the part from renewable sources of TAEE
33
57
57
46
39
26
37
24
40
70
70
55
44
26
43
24
Equal to that of the ethanol
production pathway used
Equal to that of the ethanol
production pathway used
PE-CONS 3740108 REV 1
ANNEX
DG I
PAWfc
26
EN
Biofuel production pathway
Typical
greenhouse
gas emissions
gCO2eqMJ
Default
greenhouse
gas emissions
gCO2eqMJ
rape seed biodiesel
sunflower biodiesel
soybean biodiesel
palm oil biodiesel process not specified
palm oil biodiesel process with methane capture at oil mill
waste vegetable or animal oil biodiesel
hydrotreated vegetable oil from rape seed
hydrotreated vegetable oil from sunflower
hydrotreated vegetable oil from palm oil process not
specified
hydrotreated vegetable oil from palm oil process with
methane capture at oil mill
pure vegetable oil from rape seed
biogas from municipal organic waste as compressed natural
gas
biogas from wet manure as compressed natural gas
biogas from dry manure as compressed natural gas
46
35
50
54
32
10
41
29
50
27
35
17
13
12
52
41
58
68
37
14
44
32
62
29
36
23
16
15
PE-CONS 3740108 REV 1
ANNEX
DG I
PAWfc
27
EN
E. Estimated disaggregated default values for future biofuels that were not on the market or
were only on the market in negligible quantities in January 2008
Disaggregated values for cultivation eec as defined in Part C of this Annex
Biofuel production pathway
Typical
greenhouse
gas missions
gCO2eqMJ
Default
greenhouse
gas emissions
gCO2eqMJ
wheat straw ethanol
waste wood ethanol
farmed wood ethanol
waste wood Fischer-Tropsch diesel
farmed wood Fischer-Tropsch diesel
waste wood DME
farmed wood DME
waste wood methanol
farmed wood methanol
3
1
6
1
4
1
5
1
5
3
1
6
1
4
1
5
1
5
the part from renewable sources of MTBE
Equal to that of the methanol
production pathway used
PE-CONS 3740108 REV 1
ANNEX
DG I
PAWfc
28
EN
Disaggregated values for processing including excess electricity ep eee as defined in
Part C of this Annex
Biofuel production pathway
wheat straw ethanol
wood ethanol
wood Fischer-Tropsch diesel
wood DME
wood methanol
Typical
greenhouse
gas emissions
gCO2eqMJ
Default
greenhouse
gas emissions
gCO2eqMJ
5
12
0
0
0
7
17
0
0
0
the part from renewable sources of MTBE
Equal to that of the methanol
production pathway used
PE-CONS 3740108 REV 1
ANNEX
DG I
PAWfc
29
EN
Disaggregated values for transport and distribution etd as defined in Part C of this Annex
Biofuel production pathway
Typical
greenhouse
gas emissions
gCO2eqMJ
Default
greenhouse
gas emissions
gCO2eqMJ
wheat straw ethanol
waste wood ethanol
farmed wood ethanol
waste wood Fischer-Tropsch diesel
farmed wood Fischer-Tropsch diesel
waste wood DME
farmed wood DME
waste wood methanol
farmed wood methanol
2
4
2
3
2
4
2
4
2
2
4
2
3
2
4
2
4
2
the part from renewable sources of MTBE
Equal to that of the methanol production
pathway used
PE-CONS 3740108 REV 1
ANNEX
DG I
PAWfc
30
EN
Total for cultivation, processing, transport and distribution
Biofuel production pathway
Typical
greenhouse
gas emissions
gCO2eqMJ
Default
greenhouse
gas emissions
gCO2eqMJ
wheat straw ethanol
waste wood ethanol
farmed wood ethanol
waste wood Fischer-Tropsch diesel
farmed wood Fischer-Tropsch diesel
waste wood DME
farmed wood DME
waste wood methanol
farmed wood methanol
the part from renewable sources of MTBE
11
17
20
4
6
5
7
5
7
13
22
25
4
6
5
7
5
7
Equal to that of the methanol
production pathway used
PE-CONS 3740108 REV 1
ANNEX
DG I
PAWfc
31
EN