Directive 2003/30/EC of the European Parliament and of the Council of 8 May 2003 on the promotion of the use of biofuels or other renewable fuels for transport
Date: 2003-05-08
Institutions: Council of the European Union, European Parliament
Subjects: EU Member State, biofuel, climate change, renewable energy, road transport, security of supply

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DIRECTIVE 2003/30/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the promotion of the use of biofuels or other renewable fuels for transport

of 8 May 2003

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Economic and
Social Committee (2),

Having regard to the opinion of
Regions (3),

the Committee of

the

Acting in accordance with the procedure laid down in Article
251 of the Treaty (4),

Whereas:

(1)

(2)

(3)

(4)

(5)

The European Council meeting at Gothenburg on 15
and 16 June 2001 agreed on a Community strategy for
sustainable development consisting in a set of measures,
which include the development of biofuels.

Natural resources, and their prudent and rational utilisa-
tion as referred to in Article 174(1) of
the Treaty,
include oil, natural gas and solid fuels, which are essen-
tial sources of energy but also the leading sources of
carbon dioxide emissions.

However, there is a wide range of biomass that could be
used to produce biofuels, deriving from agricultural and
forestry products, as well as from residues and waste
forestry and agrifoodstuffs
from forestry and the
industry.

The transport sector accounts for more than 30 % of
final energy consumption in the Community and is
expanding, a trend which is bound to increase, along
with carbon dioxide emissions and this expansion will
be greater in percentage terms in the candidate countries
following their accession to the European Union.

The Commission White Paper ‘European transport policy
for 2010: time to decide’ expects CO2 emissions from
transport to rise by 50 % between 1990 and 2010, to
around 1 113 million tonnes, the main responsibility
resting with road transport, which accounts for 84 % of
transport-related CO2 emissions. From an ecological

(1) OJ C 103 E, 30.4.2002, p. 205 and OJ C 331 E, 31.12.2002,

p. 291.

(2) OJ C 149, 21.6.2002, p. 7.
(3) OJ C 278, 14.11.2002, p. 29.
(4) Opinion of

the European Parliament of 4 July 2002 (not yet
published in the Official Journal), Council Common Position of 18
November 2002 (OJ C 32 E, 11.2.2003, p. 1) and decision of the
European Parliament of 12 March 2003 (not yet published in the
Official Journal).

point of view, the White Paper therefore calls for depen-
dence on oil (currently 98 %) in the transport sector to
be reduced by using alternative fuels such as biofuels.

Greater use of biofuels for transport forms a part of the
package of measures needed to comply with the Kyoto
Protocol, and of any policy package to meet further
commitments in this respect.

Increased use of biofuels for transport, without ruling
out other possible alternative fuels, including automotive
LPG and CNG, is one of the tools by which the Commu-
nity can reduce its dependence on imported energy and
influence the fuel market for transport and hence the
security of energy supply in the medium and long term.
However, this consideration should not detract in any
way from the importance of compliance with Commu-
nity legislation on fuel quality, vehicle emissions and air
quality.

As a result of
technological advances, most vehicles
currently in circulation in the European Union are
capable of using a low biofuel blend without any
problem. The most recent technological developments
make it possible to use higher percentages of biofuel in
the blend. Some countries are already using biofuel
blends of 10 % and higher.

Captive fleets offer the potential of using a higher
concentration of biofuels. In some cities captive fleets
in some
are already operating on pure biofuels and,
cases, this has helped to improve air quality in urban
areas. Member States could therefore further promote
the use of biofuels in public transport modes.

Promoting the use of biofuels in transport constitutes a
step towards a wider application of biomass which will
enable biofuel to be more extensively developed in the
future, whilst not excluding other options and, in parti-
cular, the hydrogen option.

The research policy pursued by the Member States
relating to increased use of biofuels should incorporate
the hydrogen sector to a significant degree and promote
this option, taking into account the relevant Community
framework programmes.

(6)

(7)

(8)

(9)

(10)

(11)

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(12)

from oil plants produced through
Pure vegetable oil
pressing, extraction or comparable procedures, crude or
refined but chemically unmodified, can also be used as
biofuel in specific cases where its use is compatible with
the type of engines involved and the corresponding
emission requirements.

(13) New types of fuel should conform to recognised tech-
nical standards if they are to be accepted to a greater
extent by customers and vehicle manufacturers and
hence penetrate the market. Technical standards also
form the basis for requirements concerning emissions
and the monitoring of emissions. Difficulties may be
encountered in ensuring that new types of fuel meet
current
to a large extent,
have been developed for conventional fossil fuels. The
Commission and standardisation bodies should monitor
developments and adapt and develop actively standards,
particularly volatility aspects, so that new types of fuel
can be introduced, whilst maintaining environmental
performance requirements.

technical standards, which,

(19)

(20)

In its resolution of 18 June 1998 (2), the European Parlia-
ment called for an increase in the market share of
biofuels to 2 % over five years through a package of
measures,
including tax exemption, financial assistance
for the processing industry and the establishment of a
compulsory rate of biofuels for oil companies.

in the national

increasing the share of
The optimum method for
biofuels
and Community markets
depends on the availability of resources and raw mate-
rials, on national and Community policies to promote
biofuels and on tax arrangements, and on the appro-
priate involvement of all stakeholders/parties.

(21) National policies to promote the use of biofuels should
not lead to prohibition of the free movement of fuels
that meet the harmonised environmental specifications
as laid down in Community legislation.

(14)

(15)

(16)

(17)

Bioethanol and biodiesel, when used for vehicles in pure
form or as a blend, should comply with the quality stan-
dards laid down to ensure optimum engine performance.
It is noted that in the case of biodiesel for diesel engines,
where the processing option is esterification, the stan-
dard prEN 14214 of the European Committee for Stan-
dardisation (CEN) on fatty acid methyl esters (FAME)
could be applied. Accordingly, the CEN should establish
transport biofuel
appropriate
products in the European Union.

for other

standards

Promoting the use of biofuels in keeping with sustain-
able farming and forestry practices laid down in the rules
governing the common agricultural policy could create
new opportunities for sustainable rural development in a
more market-orientated common agriculture policy
geared more to the European market and to respect for
flourishing country life and multifunctional agriculture,
and could open a new market for innovative agricultural
products with regard to present and future Member
States.

In its resolution of 8 June 1998 (1), the Council endorsed
the Commission's strategy and action plan for renewable
energy sources and requested specific measures in the
biofuels sector.

The Commission Green Paper ‘Towards a European
strategy for the security of energy supply’ sets the objec-
tive of 20 % substitution of conventional fuels by alter-
native fuels in the road transport sector by the year
2020.

(18) Alternative fuels will only be able to achieve market
penetration if they are widely available and competitive.

(22)

(23)

Promotion of the production and use of biofuels could
contribute to a reduction in energy import dependency
and in emissions of greenhouse gases.
In addition,
biofuels, in pure form or as a blend, may in principle be
used in existing motor vehicles and use the current
motor vehicle fuel distribution system. The blending of
biofuel with fossil fuels could facilitate a potential cost
reduction in the distribution system in the Community.

Since the objective of the proposed action, namely the
introduction of general principles providing for a
minimum percentage of biofuels to be marketed and
distributed, cannot be achieved sufficiently by the
Member States by reason of the scale of the action, and
can therefore be achieved better 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 proportion-
ality, as set out in that Article, this Directive does not go
beyond what is necessary in order to achieve that objec-
tive.

(24)

Research and technological development in the field of
the sustainability of biofuels should be promoted.

(25) An increase in the use of biofuels should be accompa-
the environmental,
nied by a detailed analysis of
economic and social impact in order to decide whether
it is advisable to increase the proportion of biofuels in
relation to conventional fuels.

(1) OJ C 198, 24.6.1998, p. 1.

(2) OJ C 210, 6.7.1998, p. 215.

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(26)

Provision should be made for the possibility of adapting
rapidly the list of biofuels, the percentage of renewable
contents, and the schedule for introducing biofuels in
the transport fuel market, to technical progress and to
the results of an environmental impact assessment of the
first phase of introduction.

(c) ‘other renewable fuels’ means renewable fuels, other than
biofuels, which originate from renewable energy sources as
defined in Directive 2001/77/EC (2) and used for transport
purposes;

(d) ‘energy content’ means the lower calorific value of a fuel.

(27) Measures should be introduced for developing rapidly
the quality standards for the biofuels to be used in the
automotive sector, both as pure biofuels and as a
blending component in the conventional fuels. Although
the biodegradable fraction of waste is a potentially useful
source for producing biofuels, the quality standard has
to take into account the possible contamination present
in the waste to avoid special components damaging the
vehicle or causing emissions to deteriorate.

(28)

(29)

Encouragement of the promotion of biofuels should be
consistent with security of supply and environmental
objectives and related policy objectives and measures
within each Member State. In doing so, Member States
may consider cost-effective ways of publicising the possi-
bilities of using biofuels.

The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (1),

HAVE ADOPTED THIS DIRECTIVE:

Article 1

to replace diesel or petrol

This Directive aims at promoting the use of biofuels or other
renewable fuels
transport
purposes in each Member State, with a view to contributing to
objectives such as meeting climate change commitments, envir-
onmentally friendly security of supply and promoting renew-
able energy sources.

for

At least the products listed below shall be considered

2.
biofuels:

(a) ‘bioethanol’: ethanol produced from biomass and/or the

biodegradable fraction of waste, to be used as biofuel;

(b) ‘biodiesel’: a methyl-ester produced from vegetable or

animal oil, of diesel quality, to be used as biofuel;

(c) ‘biogas’: a fuel gas produced from biomass and/or from the
biodegradable fraction of waste, that can be purified to
natural gas quality, to be used as biofuel, or woodgas;

(d) ‘biomethanol’: methanol produced from biomass,

to be

used as biofuel;

(e) ‘biodimethylether’: dimethylether produced from biomass,

to be used as biofuel;

(f) ‘bio-ETBE (ethyl-tertio-butyl-ether)’: ETBE produced on the
basis of bioethanol. The percentage by volume of bio-ETBE
that is calculated as biofuel is 47 %;

(g) ‘bio-MTBE (methyl-tertio-butyl-ether)’: a fuel produced on
the basis of biomethanol. The percentage by volume of bio-
MTBE that is calculated as biofuel is 36 %;

(h) ‘synthetic biofuels’: synthetic hydrocarbons or mixtures of
synthetic hydrocarbons, which have been produced from
biomass;

(i) ‘biohydrogen’: hydrogen produced from biomass, and/or
from the biodegradable fraction of waste, to be used as
biofuel;

(j) ‘pure vegetable oil’: oil produced from oil plants through
pressing, extraction or comparable procedures, crude or
refined but chemically unmodified, when compatible with
the type of engines involved and the corresponding emis-
sion requirements.

Article 2

Article 3

For the purpose of this Directive, the following definitions

1.
shall apply:

(a) ‘biofuels’ means

liquid or gaseous

fuel

for

transport

produced from biomass;

(b) ‘biomass’ means the biodegradable fraction of products,
waste and residues from agriculture (including vegetal and
animal substances), forestry and related industries, as well
as the biodegradable fraction of industrial and municipal
waste;

(1) OJ L 184, 17.7.1999, p. 23.

1.

(a) Member States should ensure that a minimum propor-
tion of biofuels and other renewable fuels is placed on
their markets, and, to that effect, shall set national indi-
cative targets.

(b)

(i) A reference value for these targets shall be 2 %,
calculated on the basis of energy content, of all
petrol and diesel for transport purposes placed on
their markets by 31 December 2005.

(2) Directive 2001/77/EC of

the
Council of 27 September 2001 on the promotion of electricity
produced from renewable energy sources in the internal electricity
market (OJ L 283, 27.10.2001, p. 33).

the European Parliament and of

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(ii) A reference value for these targets shall be 5,75 %,
calculated on the basis of energy content, of all
petrol and diesel for transport purposes placed on
their markets by 31 December 2010.

In their first report following the entry into force of this Direc-
tive, Member States shall
indicate the level of their national
indicative targets for the first phase. In the report covering the
year 2006, Member States shall indicate their national indica-
tive targets for the second phase.

Biofuels may be made available in any of the following

2.
forms:

(a) as pure biofuels or at high concentration in mineral oil
in accordance with specific quality standards

derivatives,
for transport applications;

(b) as biofuels blended in mineral oil derivatives, in accordance
with the appropriate European norms describing the tech-
nical specifications for transport fuels (EN 228 and EN
590);

(c) as liquids derived from biofuels, such as ETBE (ethyl-tertio-
butyl-ether), where the percentage of biofuel is as specified
in Article 2(2).

3. Member States shall monitor the effect of the use of
biofuels in diesel blends above 5 % by non-adapted vehicles
and shall, where appropriate, take measures to ensure compli-
ance with the relevant Community legislation on emission stan-
dards.

4.
In the measures that they take, the Member States should
consider the overall climate and environmental balance of the
various types of biofuels and other renewable fuels and may
give priority to the promotion of those fuels showing a very
good cost-effective environmental balance, while also taking
into account competitiveness and security of supply.

5. Member States shall ensure that information is given to
the public on the availability of biofuels and other renewable
fuels. For percentages of biofuels, blended in mineral oil deriva-
tives, exceeding the limit value of 5 % of fatty acid methyl ester
(FAME) or of 5 % of bioethanol, a specific labelling at the sales
points shall be imposed.

Article 4

1. Member States shall report to the Commission, before 1
July each year, on:

— the measures taken to promote the use of biofuels or other
renewable fuels to replace diesel or petrol for transport
purposes,

— the national

resources allocated to the production of

biomass for energy uses other than transport, and

— the total sales of transport fuel and the share of biofuels,
pure or blended, and other renewable fuels placed on the
market for the preceding year. Where appropriate, Member
States shall report on any exceptional conditions in the
supply of crude oil or oil products that have affected the
marketing of biofuels and other renewable fuels.

In these reports, differentiation of
targets, as
compared to the reference values referred to in Article 3(1)(b),
shall be motivated and could be based on the following
elements:

the national

(a) objective factors such as the limited national potential for

production of biofuels from biomass;

(b) the amount of resources allocated to the production of
biomass for energy uses other than transport and the
specific technical or climatic characteristics of the national
market for transport fuels;

(c) national policies allocating comparable resources to the
production of other transport fuels based on renewable
energy sources and consistent with the objectives of this
Directive.

2.
By 31 December 2006 at the latest, and every two years
thereafter, the Commission shall draw up an evaluation report
for the European Parliament and for the Council on the
progress made in the use of biofuels and other renewable fuels
in the Member States.

This report shall cover at least the following:

(a) the cost-effectiveness of the measures taken by Member
States in order to promote the use of biofuels and other
renewable fuels;

(b) the economic aspects and the environmental

impact of
further increasing the share of biofuels and other renewable
fuels;

(c) the life-cycle perspective of biofuels and other renewable
fuels, with a view to indicating possible measures for the
future promotion of those fuels that are climate and envir-
onmentally friendly, and that have
the potential of
becoming competitive and cost-efficient;

(d) the sustainability of crops used for the production of
biofuels, particularly land use, degree of intensity of cultiva-
tion, crop rotation and use of pesticides;

(e) the assessment of the use of biofuels and other renewable
fuels with respect to their differentiating effects on climate
change and their impact on CO2 emissions reduction;

(f) a review of further more long-term options concerning

energy efficiency measures in transport.

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the Commission shall submit,
On the basis of this report,
where appropriate, proposals to the European Parliament and
to the Council on the adaptation of the system of targets, as
laid down in Article 3(1). If this report concludes that the indi-
cative targets are not likely to be achieved for reasons that are
unjustified and/or do not relate to new scientific evidence, these
proposals shall address national
including possible
targets,
mandatory targets, in the appropriate form.

Article 5

The list contained in Article 2(2) may be adapted to technical
progress in accordance with the procedure referred to in Article
impact of
6(2). When adapting this list, the environmental
biofuels shall be taken into account.

Article 6

1.

The Commission shall be assisted by a Committee.

Article 7

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 31 December 2004 at the latest. They shall forth-
with inform the Commission thereof.

When Member States adopt these measures, they shall contain
a reference to this Directive or be accompanied by such refer-
ence on the occasion of their official publication. The methods
of making such a reference shall be laid down by the Member
States.

2. Member States shall communicate to the Commission the
provisions of national
in the field
covered by this Directive.

law which they adopt

Article 8

This Directive shall enter into force on the day of its publica-
tion in the Official Journal of the European Union.

This Directive is addressed to the Member States.

Article 9

2. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

Done at Brussels, 8 May 2003.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

3.

The Committee shall adopt its Rules of Procedure.

For the European Parliament

The President

P. COX

For the Council

The President

M. CHRISOCHOÏDIS