Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Directive 2009/28/EC on the promotion of the use of energy from renewable sources
Date: 2012-10-17
Institutions: European Commission
Subjects: biofuel, energy crop, environmental standard, greenhouse gas, reduction of gas emissions, renewable energy, utilised agricultural area

EUROPEAN 
COMMISSION 

Brussels, 17.10.2012  
COM(2012) 595 final 

2012/0288 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Directive 98/70/EC relating to the quality of petrol and diesel fuels and 
amending Directive 2009/28/EC on the promotion of the use of energy from renewable 
sources  

(Text with EEA relevance) 

{SWD(2012) 343 final} 
{SWD(2012) 344 final} 

EN 

   EN 

 
 
 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

BACKGROUND  

Directive  2009/28/EC1  on  the  promotion  of  the  use  of  energy  from  renewable 
sources  (the  "Renewable  Energy  Directive")  established  mandatory  targets  to  be 
achieved by 2020 for a 20% overall share of renewable energy in the EU and a 10% 
share for renewable energy in the transport sector. At the same time, an amendment 
to Directive 98/70/EC2 ("the Fuel Quality Directive") introduced a mandatory target 
to achieve by 2020 a 6% reduction in the greenhouse gas intensity of fuels used in 
road transport and non-road mobile machinery. 

The  contribution  of  biofuels  towards  these  targets  is  expected  to  be  significant. 
Whilst both Directives include sustainability criteria including minimum greenhouse 
gas saving thresholds, the greenhouse gas emissions associated with changes in the 
carbon  stock  of  land  resulting  from  indirect  changes  in  land  use  (ILUC)  are  not 
subject to reporting requirements under the current legislation.  

The  Directives  invite3  the  Commission  to  review  the  impact  of  indirect  land-use 
change on greenhouse gas emissions and, if appropriate, propose ways to minimise it 
whilst  respecting  existing  investments  made  in  biofuels  production.  Pursuant  to  this 
invitation,  the  Commission  adopted  a  Communication  on  22  December  20104 
summarising  the  consultations  and  analytical  work  conducted  on  this  topic  since 
2008.  In  this  report,  the  Commission  identified  a  number  of  uncertainties  and 
limitations associated with the available numerical models used to quantify indirect 
land-use change, whilst acknowledging that indirect land-use change can reduce the 
greenhouse  gas  emissions  savings  associated  with  biofuels  and  bioliquids,  and  as 
such,  recommended  that  this  issue  was  to  be  addressed  under  a  precautionary 
approach. 

2. 

AIMS OF THE PROPOSAL 

Scientific  work  indicates  that  emissions  from  indirect  land-use  change  can  vary 
substantially  between  feedstocks  and  can  negate  some  or  all  of  the  greenhouse  gas 
savings of individual biofuels relative to the fossil fuels they replace5. The aim of the 
current  proposal  is  to  start  the  transition  to  biofuels  that  deliver  substantial 
greenhouse gas savings when also estimated indirect land-use change emissions are 
reported.  While  existing  investments  should  be  protected,  the  aims  of  the  current 
proposal are to: 

1 
2 
3 
4 
5 

OJ L 140 5.6.2009 
OJ L 350 28.12.1998 
Article 7d(6) of Directive 2009/30/EC and Article 19(6) of Directive 2009/28/EC 
COM(2010) 811. 
Indirect land-use change emissions estimates are calculated through modelling, which, notwithstanding 
recent improvements made in the science, remain sensitive to and may vary according to the modelling 
framework and assumptions made.  

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–  limit the contribution that conventional biofuels (with a risk of ILUC emissions) 

make towards attainment of the targets in the Renewable Energy Directive; 

–  improve  the  greenhouse  gas  performance  of  biofuel  production  processes 
(reducing associated emissions) by raising the greenhouse gas saving threshold for 
new  installations  subject  to  protecting  installations6  already  in  operation  on  1st 
July 2014; 

–  encourage  a  greater  market  penetration  of  advanced  (low-ILUC)  biofuels  by 
allowing  such  fuels  to  contribute  more  to  the  targets  in  the  Renewable  Energy 
Directive than conventional biofuels; 

–  improve  the  reporting  of  greenhouse  gas  emissions  by  obliging  Member  States 
and  fuel  suppliers  to  report  the  estimated  indirect  land-use  change  emissions  of 
biofuels. 

The  proposal  also  aims  at  protecting  existing  investments  until  2020.  The  proposal 
does  not  take  a  position  on  the  actual  need  for  financial  support  to  biofuels  before 
2020. However, the Commission is of the view that in the period after 2020 biofuels 
which  do  not  lead  to  substantial  greenhouse  gas  savings  (when  emissions  from 
indirect  land-use  change  are  included)  and  are  produced  from  crops  used  for  food 
and feed should not be subsidised.  

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

3.1. 

Summary of the proposed action 

The main features of this proposal regarding the Renewable Energy Directive are:  

–  the introduction of a limit to the contribution made from biofuels and bioliquids 
produced  from  food  crops,  such  as  those  based  on  cereals  and  other  starch  rich 
crops, sugars and oil crops, to the Renewable Energy Directive targets to current 
consumption levels, without foreseeing any limits on their overall consumption; 

–  an enhanced incentive scheme in Article 3(4) to further promote sustainable and 
advanced  biofuels  from  feedstocks  that  do  not  create  an  additional  demand  for 
land; 

–  introduction  of  reporting  estimated  emissions  from  carbon  stock  changes  caused 
by  indirect  land-use  change,  based  on  the  best  available  scientific  evidence,  for 
the purposes of the calculation of the life cycle greenhouse gas emission savings 
from biofuels and bioliquids, as reported by Member States in Article 22; 

–  a review process to ensure that this methodology is updated and adapted in light 

of scientific developments;  

–  to  increase  the  minimum  greenhouse  gas  saving  threshold  for  biofuels  and 
bioliquids produced in new installations with effect from 1st July 2014 in order to 

6 

As defined in paragraph 3.1.1 of C 160 (2010) 

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improve  the  overall  greenhouse  gas  balance  of  the  biofuels  and  bioliquids 
consumed  in  the  EU  as  well  as  discouraging  further  investments  in  installations 
with low greenhouse gas performance; 

–  simplification  of  the  calculation  of  greenhouse  gas  savings  for  European  biofuel 
producers, leveling the playing field between EU producers and producers in third 
countries; 

–  removal  of  temporary  provisions  for  addresing  indirect  land-use  change,  which 
were  contained  in  the  Directives  and  are  no  longer  necessary  in  light  of  a 
comprehensive approach being adopted; 

–  adaptation of the Renewable Energy Directive to the entry into force of the Treaty 
on the Functioning of the European Union, notably the conferral of powers to the 
Commission to adopt acts in accordance with Article 290 and Article 291 thereof.  

The main features of this proposal regarding the Fuel Quality Directive are:  

–  the  introduction  of  reporting  estimated  emissions  from  carbon  stock  changes 
caused  by  indirect  land-use  change,  based  on  the  best  available  scientific 
evidence,  for  the  purposes  of  reporting  the  life  cycle  greenhouse  gas  emission 
savings from biofuels, as described in Article 7a; 

–  review process to ensure that this methodology is updated and adapted in light of 

scientific developments;  

–  increase of the minimum greenhouse gas saving threshold for biofuels produced in 
new  installations  with  effect  from  1st  July  2014  in  order  to  improve  the  overall 
greenhouse  gas  balance  of  the  biofuels  consumed  in  the  EU  as  well  as 
discouraging  further  investments  in  installations  with  low  greenhouse  gas 
performance; 

–  simplification  of  the  calculation  of  greenhouse  gas  savings  for  European  biofuel 
producers,  levelling  the  playing  field  between  EU  producers  and  producers  in 
third countries; 

–  removal  of  temporary  provisions  for  addressing  indirect  land-use  change,  which 
were  contained  in  the  Directives  and  are  no  longer  necessary  in  light  of  a 
comprehensive approach being adopted; 

–  adaptation of the Fuel Quality Directive to the entry into force of the Treaty on the 
Functioning  of  the  European  Union,  notably  the  conferral  of  powers  to  the 
Commission to adopt acts in accordance with Article 290 and Article 291 thereof. 

The  proposal  also  includes  minor  corrections  and  clarifications  in  both  Directives 
with regard to non-biofuel issues. 

The  measures  included  in  this  proposal  limit  the  contribution  that  conventional 
biofuels  can  make  towards  the  attainment  of  the  targets  in  the  Renewable  Energy 
Directive. The Commission will consider any impacts on the feasibility of reaching 
these  targets  arising  from  this  proposal  in  its  future  reports  under  Article  23  of  the 
Renewable Energy Directive.  

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3.2. 

Legal basis 

The primary objective of the Directives is the protection of the environment and the 
functioning  of  the  internal  market.  This  proposal  is  therefore  based  on  Articles 
192(1) and 114 of the Treaty on the Functioning of the European Union. 

3.3. 

Subsidiarity principle 

Articles  19(6)  and  7d(6)  of  the  respective  Directives  invite  the  Commission  to 
address  the  issue  of  indirect  land-use  change.  The  overall  objective  of  the  Fuel 
Quality  and  Renewable  Energy  Directives  is  to  contribute  to  the  goal  of  reducing 
economy-wide  greenhouse  gas  emissions.  As  a  way  to  achieve  that,  they  create  an 
EU-wide  market  for  sustainable  biofuels.  The  Member  States  are  not  able  to  meet 
these  challenges  individually  as  indirect  land-use  change  impacts  necessarily  have 
transnational aspects which cannot be dealt with satisfactorily by the Member States 
alone. 

3.4. 

Proportionality principle 

The proposal complies with the proportionality principle for the following reasons:  

• 

It does not go beyond what is necessary to achieve the objective of the reduction 
of  lifecycle  greenhouse  gas  emissions  from  biofuels  consumed  in  the  EU,  by 
taking into consideration their indirect impact on land-use change. 

•  The  proposal  takes  the  form  of  a  Directive  which  sets  out  the  minimum  fuel 
specification for reasons of environmental protection. Other technical aspects of 
fuel specifications are not addressed in the Directive but are left to be governed 
by European standards in line with better regulation principles. 

•  The  proposal  does  not  increase  the  financial  or  administrative  burden  on  the 
Union,  national,  regional  or  local  governments.  The  requirements  in  relation  to 
these bodies are not changed from that in the existing Directive. 
In  developing  the  proposals,  all  major  implications  have  been  analysed  in  the 
Impact Assessment.  

• 

4. 

BUDGETARY IMPLICATION 

The proposal has no budgetary implication for the Union budget. 

5. 

OTHER COMMENTS 

This Commission proposal is accompanied by an Impact Assessment. 

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2012/0288 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Directive 98/70/EC relating to the quality of petrol and diesel fuels and 
amending Directive 2009/28/EC on the promotion of the use of energy from renewable 
sources  

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article  192(1)  thereof,  in  conjunction  with  Article  114  thereof  in  relation  to  Article  1(2)  to 
1(9) and Article 2(5) to 2(7) of this Directive, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee7, 

Having regard to the opinion of the Committee of the Regions8, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

7 
8 
9 
10 

Article  3(4)  of  Directive  2009/28/EC  on  the  promotion  of  the  use  of  energy  from 
renewable  energy  sources  and  amending  and  subsequently  repealing  Directives 
2001/777/EC  and  2003/30/EC9  requires  Member  States  to  ensure  that  the  share  of 
energy from renewable energy sources in all forms of transport in 2020 is at least 10% 
of  their  final  energy  consumption.  The  blending  of  biofuels  is  one  of  the  methods 
available  for  Member  States  to  meet  this  target,  and  is  expected  to  be  the  main 
contributor.  

In view of the Union’s objectives to further reduce greenhouse gas emissions and the 
significant contribution that road transport fuels make to those emissions, Article 7a(2) 
of Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending 
Council  Directive  93/12/EC10  requires  fuel  suppliers  to  reduce  by  at  least  6%  by  31 

OJ C , , p. . 
OJ C , , p. . 
OJ L 140, 5.6.2009, p. 16. 
OJ L 350, 28.12.1998, p. 58. 

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December  2020  the  life  cycle  greenhouse  gas  emissions  per  unit  of  energy 
("greenhouse  gas  intensity")  of  fuels  used  in  the  Union  by  road  vehicles,  non-road 
mobile machinery, agricultural and forestry tractors and recreational craft when not at 
sea. The blending of biofuels is one of the methods available for fossil fuel suppliers to 
reduce the greenhouse gas intensity of the fossil fuels supplied.  

(3) 

Article 17 of Directive 2009/28/EC establishes sustainability criteria that biofuels and 
bioliquids  need  to  comply  with  in  order  to  be  counted  towards  the  targets  in  the 
Directive and to qualify for inclusion in public support schemes. These criteria include 
requirements  on  the  minimum  greenhouse  gas  emission  savings  that  biofuels  and 
bioliquids need to achieve compared to fossil fuels. Identical sustainability criteria are 
established for biofuels under Article 7b of Directive 98/70/EC.  

(4)  Where  pasture  or  agricultural  land  previously  destined  for  the  food,  feed  and  fibre 
markets  is  diverted  to  biofuel  production,  the  non-fuel  demand  will  still  need  to  be 
satisfied  either  through  intensification  of  current  production  or  by  bringing  non-
agricultural land into production elsewhere. The latter case represents indirect land-use 
change  and  when  it  involves  the  conversion  of  high  carbon  stock land  it  can  lead  to 
significant  greenhouse  gas  emissions.  Directives  98/70/EC  and  2009/28/EC  should 
therefore  include  provisions  to  address  indirect  land  use  change  given  that  current 
biofuels are mainly produced from crops grown on existing agricultural land.  

(5) 

(6) 

Based on forecasts of biofuel demand provided by the Member States and estimates of 
indirect  land-use  change  emissions  for  different  biofuel  feedstocks  it  is  likely  that 
greenhouse gas emissions linked to indirect land use change are significant, and could 
negate  some  or  all  of  the  greenhouse  gas  savings  of  individual  biofuels.  This  is 
because almost the entire biofuel production in 2020 is expected to come from crops 
grown on land that could be used to satisfy food and feed markets. In order to reduce 
such emissions, it is appropriate to distinguish between crop groups such as oil crops, 
cereals, sugars and other starch containing crops accordingly. 

Liquid  renewable  fuels  are  likely  to  be  required  by  the  transport  sector  in  order  to 
reduce  its  greenhouse  gas  emissions.  Advanced  biofuels,  such  as  those  made  from 
wastes  and  algae,  provide  high  greenhouse  gas  savings  with  low  risk  of  causing 
indirect land use change and do not compete directly for agricultural land for the food 
and feed markets. It is appropriate, therefore, to encourage greater production of such 
advanced biofuels as these are currently not commercially available in large quantities, 
in  part  due  to  competition  for  public  subsidies  with  established  food  crop  based 
biofuel  technologies.  Further  incentives  should  be  provided  by  increasing  the 
weighting  of  advanced  biofuels  towards  10%  target  for  transport  set  in  Directive 
2009/28/EC  compared  to  conventional  biofuels.  In  this  context,  only  advanced 
biofuels  with  low  estimated  indirect  land  use  change  impacts  and  high  overall 
greenhouse gas savings should be supported as part of the post 2020 renewable energy 
policy framework.  

(7) 

In order to ensure the long-term competitiveness of bio-based industrial sectors, and in 
line  with 
the  2012  Communication  "Innovating  for  Sustainable  growth:  A 
Bioeconomy  for  Europe"11  and  the  Roadmap  to  a  Resource  Efficient  Europe12, 

11 
12 

COM(2012) 60. 
COM(2011) 571. 

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(8) 

(9) 

promoting integrated and diversified biorefineries across Europe, enhanced incentives 
under Directive 2009/28/EC should be set in a way that gives preference to the use of 
biomass  feedstocks  that  do  not  have  a  high  economic  value  for  other  uses  than 
biofuels.  

The minimum greenhouse gas saving threshold for biofuels and bioliquids produced in 
new  installations  should  be  increased  with  effect  from  1st  July  2014  in  order  to 
improve  their  overall  greenhouse  gas  balance  as  well  as  discouraging  further 
investments  in  installations  with  low  greenhouse  gas  savings  performance.  This 
increase  provides  for  investment  safeguards  in  biofuels  and  bioliquids  production 
capacities in conformity with Article 19(6) second subparagraph.  

To  prepare  for  the  transition  towards  advanced  biofuels  and  minimise  the  overall 
indirect  land  use  change  impacts  in  the  period  to  2020,  it  is  appropriate  to  limit  the 
amount  of  biofuels  and  bioliquids  obtained  from  food  crops  as  set  out  in  part  A  of 
Annex  VIII  to  Directive  2009/28/EC  and  part  A  of  Annex  V  to  Directive  98/70/EC 
that  can  be  counted  towards  targets  set  out  in  Directive  2009/28/EC.  Without 
restricting  the  overall  use  of  such  biofuels,  the  share  of  biofuels  and  bioliquids 
produced  from  cereal  and  other  starch  rich  crops,  sugar  and  oil  crops  that  can  be 
counted towards the targets of Directive 2009/28/EC should be limited to the share of 
such biofuels and bioliquids consumed in 2011.    

(10)  The  5%  limit  set  up  in  Article  3(4)d  does  not  affect  the  Member  States'  freedom  to 
arrange  their  own  trajectory  as  to  compliance  with  this  prescribed  share  of 
conventional biofuels within the overall 10% target. As a consequence, the access to 
the market of the biofuels produced by the installations in operation before the end of 
2013  remains  fully  open.  Therefore  this  amending  directive  does  not  affect  the 
legitimate expectations of the operators of such installations. 

(11)  The estimated indirect land-use change emissions should be included in the reporting 
of  greenhouse  gas  emissions  from  biofuels  under  Directives  98/70/EC  and 
2009/28/EC. Biofuels made from feedstocks that do not lead to additional demand for 
land, such as those from waste feedstocks, should be assigned a zero emissions factor. 
. 

(12)  The  Commission  should  review  the  methodology  for  estimating  land-use  change 
emission  factors  included  in  Annexes  VIII  and  V  to  Directives  2009/28/EC  and 
98/70/EC respectively in the light of adaptation to technical and scientific progress. To 
this end, and if warranted by the latest available scientific evidence, the Commission 
should  consider  the  possibility  of  revising  the  proposed  crop  group  indirect  land-use 
change  factors,  as  well  as  introducing  factors  at  further  levels  of  disaggregation  and 
including additional values should new biofuel feedstocks come to market.  

(13)  Article 19(8) of Directive 2009/28/EC and Article 7d(8) of Directive 98/70/EC include 
provisions for encouraging the cultivation of biofuels in severely degraded and heavily 
contaminated  land  as  an  interim  measure  for  mitigating  against  indirect  land-use 
change. These provisions are no longer adequate in their current form and need to be 
integrated in the approach laid out in this Directive to ensure that overall actions for 
minimising emission from indirect land-use change remain coherent. 

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(14) 

It is appropriate to align the rules for using default values to ensure equal treatment for 
producers  regardless  of  where  the  production  takes  place.  While  third  countries  are 
allowed  to  use  default  values,  EU  producers  are  required  to  use  actual  values  where 
they  are  higher  than  the  default  values,  or  a  report  has  not  been  submitted  by  the 
Member State, increasing their administrative burden. Therefore, current rules should 
be simplified so that the use of default values is not limited to areas within the Union 
included in the lists referred to in Article 19(2) of Directive  2009/28/EC and  Article 
7d(2) of Directive 98/70/EC. 

(15)  The objectives of this Directive, to ensure a single market for fuel for road transport 
and  non-road  mobile  machinery  and  ensure  respect  for  minimum  levels  of 
environmental protection from use of this fuel, cannot be sufficiently achieved by the 
Member  States  and  can  therefore  be  better  achieved  at  Union  level,  the  Union  may 
adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 
of  the  Treaty  on  the  Functioning  of  the  European  Union.  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. 

(16)  As  a  consequence  of  the  entry  into  force  of  the  Treaty  on  the  Functioning  of  the 
European  Union,  the  powers  conferred  under  Directives  2009/28/EC  and  98/70/EC 
upon the Commission need to be aligned to Article 290. 

(17) 

(18) 

(19) 

In  order  to  ensure  uniform  conditions  for  the  implementation  of  this  Directive, 
implementing powers should be conferred on the Commission. Those powers should 
be  exercised  in  accordance  with  Regulation  (EU)  182/2011  of  the  European 
Parliament and of the Council of 16 February 2011 laying down the rules and general 
principles  concerning  mechanisms  for  control  by  the  Member  States  of  the 
Commission's exercise of implementing powers. 

the  mechanism 

to  monitor  and  reduce  greenhouse  gas  emissions, 

In  order  to  permit  adaptation  to  technical  and  scientific  progress  of  Directive 
98/70/EC, the power to adopt acts in accordance with Article 290 of the Treaty on the 
Functioning of the European Union should be delegated to the Commission in respect 
of 
the 
methodological  principles  and  values  necessary  for  assessing  whether  sustainability 
criteria  have  been  fulfilled  in  relation  to  biofuels,  criteria  and  geographic  ranges  for 
determining  highly  diverse  grassland,  the  methodology  for  the  calculation  and 
reporting  of  lifecycle  greenhouse  gas  emissions,  the  methodology  for  the  calculation 
of  indirect  land-use  change  emissions,  the  permitted  level  related  to  the  metallic 
additives  content  in  fuels,  the  permitted  analytical  methods  related  to  the  fuel 
specifications  and  the  vapour  pressure  waiver  permitted  for  petrol  containing 
bioethanol.  

In  order  to  permit  adaptation  to  technical  and  scientific  progress  of  Directive 
2009/28/EC, the power to adopt acts in accordance with Article 290 of the Treaty on 
the  Functioning  of  the  European  Union  should  be  delegated  to  the  Commission  in 
respect  of  the  list  of  biofuel  feedstocks  that  are  counted  multiple  times  towards  the 
target set in Article 3(4), the energy content of transport fuels, criteria and geographic 
ranges  for  determining  highly  biodiverse  grassland,  the  methodology  for  the 
calculation  of  indirect  land-use  change  emissions,  and  the  methodological  principles 
and values necessary for assessing whether sustainability criteria have been fulfilled in 
relation to biofuels and bioliquids.  

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(20)  The  Commission  should  review  the  effectiveness  of  the  measures  introduced  by  this 
Directive, based on the best and latest available scientific evidence, in limiting indirect 
land-use  change  greenhouse  gas  emissions  and  addressing  ways  to  further  minimise 
that  impact,  which  could  include  the  introduction  of  estimated  indirect  land-use 
change emission factors in the sustainability scheme as of 1st January 2021. 

(21) 

(22) 

It is of particular importance that the Commission in application of this Directive carry 
out  appropriate  consultations  during  its  preparatory  work,  including  at  expert  level. 
The  Commission,  when  preparing  and  drawing  up  delegated  acts,  should  ensure  a 
simultaneous,  timely  and  appropriate  transmission  of  relevant  documents  to  the 
European Parliament and to the Council.  

In  accordance  with  the  Joint  Political  Declaration  of  Member  States  and  the 
Commission  on  explanatory  documents  of  28  September  2011,  Member  States  have 
undertaken  to  accompany,  in  justified  cases,  the  notification  of  their  transposition 
measures  with  one  or  more  documents  explaining  the  relationship  between  the 
components  of  a  directive  and  the  corresponding  parts  of  national  transposition 
instruments. With regard to this Directive, the legislator considers the transmission of 
such documents to be justified. 

(23)  Directives 98/70/EC and 2009/28/EC should therefore be amended accordingly, 

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 
Amendments to Directive 98/70/EC 

Directive 98/70/EC is amended as follows: 

1. 

Article 7a is amended as follows: 

(a) the following paragraph 6 is inserted: 

'6. Fuel suppliers shall by 31 March each year report to the authority designated by 
the  Member  State,  the  biofuel  production  pathways,  volumes,  and  the  life  cycle 
greenhouse gas emissions per unit of energy, including the estimated indirect land-
use change emissions set out in Annex V Member States shall report these data to the 
Commission. 

(b)  in  paragraph  5,  the  introductory  phrase  of  the  first  subparagraph  is  replaced  by 
the following: 

'5. The Commission shall be empowered to adopt delegated acts in accordance with 
Article 10a concerning in particular:' 

2. 

Article 7b is amended as follows: 

(a) paragraph 2 is replaced by the following: 

'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  60  %  for  biofuels 

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10 

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produced in installations starting operation after 1st July 2014. An installation is “in 
operation” if the physical production of biofuels has taken place.  

In the case of installations that were in operation on or before 1st July 2014 , for the 
purposes referred to in paragraph 1, biofuels shall achieve a greenhouse gas emission 
saving  of  at  least  35%  until  31  December  2017  and  at  least  50%  from  1  January 
2018. 

The greenhouse gas emission saving from the use of biofuels shall be calculated in 
accordance with Article 7d(1).' 

(b) in paragraph 3, the second subparagraph is replaced by the following: 

'The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  10a  concerning  the  criteria  and  geographic  ranges  to  determine  which 
grassland shall be covered by point (c) of the first subparagraph.' 

3. 

Article 7d is amended as follows: 

(a) paragraphs 3 to 6 are replaced by the following:  

'3.  The  typical  greenhouse  gas  emissions  from  cultivation  of  agricultural  raw 
materials in the reports referred to in Article 7d(2) in the case of Member States, and 
in  reports  equivalent  to  those  in  the  case  of  territories  outside  the  Union,  may  be 
submitted to the Commission.'  

'4.  The  Commission  may  decide,  by  means  of  an  implementing  act  adopted  in 
accordance  with  advisory  procedure  referred  to  in  Article  11(3),  that  the  reports 
referred  to  in  paragraph  3  contain  accurate  data  for  the  purposes  of  measuring  the 
greenhouse  gas  emissions  associated  with  the  cultivation  of  biofuel  feedstocks 
typically produced in those areas for the purposes of Article 7b(2). ' 

'5.  By  31  December  2012  at  the  latest  and  every  two  years  thereafter,  the 
Commission  shall  draw  up  a  report  on  the  estimated  typical  and  default  values  in 
Parts  B  and  E  of  Annex  IV,  paying  special  attention  to  greenhouse  gas  emissions 
from transport and processing. 

The Commission shall be empowered to adopt delegated acts pursuant to Article 10a 
concerning the correction of the estimated typical and default values in Parts B and E 
of Annex IV.' 

'6. The Commission shall be empowered to adopt delegated acts pursuant to Article 
10a  concerning  the  adaptation  to  technical  and  scientific  progress  of  Annex  V, 
including by the revision of the proposed crop group indirect land-use change values; 
the  introduction  of  new  values  at  further  levels  of  disaggregation;  the  inclusion  of 
additional  values  should  new  biofuel  feedstocks  come  to  market  as  appropriate, 
review  the  categories  of  which  biofuels  are  assigned  zero  indirect  land-use  change 
emissions;  and  the  development  of  factors  for  feedstocks  from  non-food  cellulosic 
and ligno-cellulosic materials.' 

(b) in paragraph 7, the first subparagraph is replaced by the following:   

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11 

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'7. The Commission shall be empowered to adopt delegated acts pursuant to Article 
10a  concerning  the  adaptation  to  technical  and  scientific  progress  of  Annex  IV, 
including  by  the  addition  of  values  for  further  biofuel  production  pathways  for  the 
same  or  for  other  raw  materials  and  by  modifiying  the  methodology  laid  down  in 
Part C.' 

(c) paragraph 8 is deleted. 

4. 

Article 8 is amended as follows: 

(a) paragraph 1 is 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  the  version  in  force  of  the  European  standards  EN  228  and  EN  590 
respectively.' 

(b) paragraph 3 is replaced by the following: 

'3.  Each  year  by  30  June,  the  Member  States  shall  submit  a  report  of  national  fuel 
quality  data  for  the  preceding  calendar  year.  The  Commission  shall  establish  a 
common format for the submission of a summary of national fuel quality by means 
of an implementing act adopted in accordance with the advisory procedure referred 
to  in  Article  11(3).  The  first  report  shall  be  submitted  by  30  June  2002.  From  1 
January 2004, the format for this report shall be consistent with that described in the 
relevant European standard. In addition, Member States shall report the total volumes 
of  petrol  and  diesel  fuels  marketed  in  their  territories  and  the  volumes  of  unleaded 
petrol  and  diesel  fuels  marketed  with  a  maximum  sulphur  content  of  10  mg/kg. 
Furthermore,  Member  States  shall  report  annually  on  the  availability  on  an 
appropriately balanced geographical basis of petrol and diesel fuels with a maximum 
sulphur content of 10 mg/kg that are marketed within their territory.' 

5. 

Article 8a(3) is amended as follows: 

'3. The Commission shall be empowered to adopt delegated acts pursuant to Article 
10a  concerning  the  revision  of  the  limit  for  the  MMT  content  of  fuel  specified  in 
paragraph 2. This revision shall be done 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.' 

6. 

In Article 10, paragraph 1 is replaced by the following: 

'1. The Commission shall be empowered to adopt delegated acts pursuant to Article 
10a  concerning  the  adaptation  to  technical  and  scientific  progress  of  the  permitted 
analytical methods referred to in Annexes I, II and III. ' 

7. 

The following Article 10a is inserted: 

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12 

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'Article 10a 
Exercise of the delegation 

1. The power to adopt delegated acts is conferred on the Commission subject to the 
conditions laid down in this Article.  

2. The delegation of power referred to in Article 7a(5), the second subparagraph of 
Article 7b(3), Articles 7d(5), 7d(6), 7d(7), 8a(3) and 10(1) shall be conferred for an 
indeterminate period of time from the date of entry into force of this Directive.  

3. The delegation of powers referred to in Articles 7a(5), the second subparagraph of 
Article  7b(3),  Articles  7d(5),  7d(6),  7d(7),  8a(3)  and  10(1)  may  be  revoked  at  any 
time  by  the  European  Parliament  or  by  the  Council.  A  decision  of  revocation  shall 
put  an  end  to  the  delegation  of  the  power  specified  in  that  decision.  It  shall  take 
effect the day following the publication of the decision in the Official Journal of the 
European Union or at a later date specified therein. It shall not affect the validity of 
any delegated acts already in force. 

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously 
to the European Parliament and to the Council. 

5.  A  delegated  act  adopted  pursuant  to  Articles  7a(5),  the  second  subparagraph  of 
Article 7b(3), Articles 7d(5), 7d(6), 7d(7), 8a(3) and 10(1) shall enter into force only 
if no objection has been expressed either by the European Parliament or the Council 
within a period of 2 months of notification of that act to the European Parliament and 
the Council or if, before the expiry of that period, the European Parliament and the 
Council  have  both  informed  the  Commission  that  they  will  not  object.  That  period 
shall  be  extended  by  2  months  at  the  initiative  of  the  European  Parliament  or  the 
Council.' 

8. 

9. 

Article 11(4) is deleted. 

Annexes are amended as set out in Annex I to this Directive. 

Article 2 
Amendments to Directive 2009/28/EC 

Directive 2009/28/EC is amended as follows: 

1. 

A new paragraph is inserted in Article 2: 

'p)  ‘waste’  shall  be  defined  as  in  Article  3(1)  of  Directive  2008/98/EC  of  the 
European  Parliament  and  of  the  Council  of  19  November  2008  on  waste  and 
repealing  certain  Directives13.  Substances  that  have  been  intentionally  modified  or 
contaminated to meet that definition are not covered by this category. 

2. 

Article 3 is amended as follows: 

(a) the title is replaced by the following: 

13 

OJ L 312 of 22 November 2008, p.3. 

EN 

13 

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'Mandatory  national  targets  and  measures  for  the  use  of  energy  from  renewable 
sources'. 

(b) in paragraph 1, the following second subparagraph is added:  

'For the purpose of compliance with target referred to in the first subparagraph, the 
maximum joint contribution from biofuels and bioliquids produced from cereal and 
other starch rich crops, sugars and oil crops shall be no more than the energy quantity 
corresponding to the maximum contribution as set out in Article 3(4)d.'  

(c) paragraph 4 is amended as follows: 

(i) in point (b), the following phrase is added: 

"This indent shall be without prejudice to Articles 17(1)a and 3(4)d;" 

(ii) the following point (d) is added:  

(d)  for  the  calculation  of  biofuels  in  the  numerator,  the  share  of  energy  from 
biofuels produced from cereal and other starch rich crops, sugars and oil crops 
shall be no more than 5%, the estimated share at the end of 2011, of the final 
consumption of energy in transport in 2020.  

(iii) the following point (e) is added:  

The contribution made by: 

(i)  biofuels  produced  from  feedstocks  listed  in  Part  A  of  Annex  IX  shall  be 
considered to be four times their energy content;  

(ii)  biofuels  produced  from  feedstocks  listed  in  Part  B  of  Annex  IX  shall  be 
considered to be twice their energy content;  

(iii)  renewable  liquid  and  gaseous  fuels  of  non-biological  origin  shall  be 
considered to be four times their energy content. 

Member  States  shall  ensure  that  no  raw  materials  are  intentionally  modified  to  be 
covered by categories (i) to (iii).  

The list of feedstock set out in Annex IX may be adapted to scientific and technical 
progress, in order to ensure a correct implementation of the accounting rules set out 
in  this  Directive.  The  Commission  shall  be  empowered  to  adopt  delegated  acts  in 
accordance with Article 25 (b) concerning the list of feedstock set out in Annex IX'  

3. 

In Article 5(5), the last sentence is replaced by the following:  

"The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  25  (b)  concerning  the  adaptation  of the  energy  content  of  transport  fuels  as 
set out in Annex III to scientific and technical progress." 

4. 

5. 

EN 

In Article 6 (1) the last sentence is deleted. 

Article 17 is amended as follows: 

14 

   EN 

 
(a) paragraph 2 is replaced by the following:  

'2. The greenhouse gas emission saving from the use of biofuels and bioliquids taken 
into  account  for  the  purposes  referred  to  in  paragraph  1  shall  be  at  least  60  %  for 
biofuels  and  bioliquids  produced  in  installations  starting  operation  after  1st  July 
2014.  An  installation  is  “in  operation”  if  the  physical  production  of  biofuels  or 
bioliquids has taken place.  

In the case of installations that were in operation on or before 1st of July 2014, for the 
purposes  referred  to  in  paragraph  1,  biofuels  and  bioliquids  shall  achieve  a 
greenhouse gas emission saving of at least 35% until 31 December 2017 and at least 
50% from 1 January 2018. 

The greenhouse gas emission saving from the use of biofuels and bioliquids shall be 
calculated in accordance with Article 19(1).' 

(b) in paragraph 3, the second subparagraph is replaced by the following:  

'The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  25  (b)  to  establish  the  criteria  and  geographic  ranges  to  determine  which 
grassland shall be covered by point (c) of the first subparagraph.'  

6. 

In Article 18 (4), the second subparagraph is replaced by the following: 

'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  17(2)  or  demonstrate  that  consignments  of  biofuel  or  bioliquid 
comply  with  the  sustainability  criteria  set  out  in  Article  17(3)  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 17(7). 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 17 (3 )(b) (ii).' 

7. 

Article 19 is amended as follows: 

(a) paragraphs 3 and 4 are replaced by the following:  

'3.  The  typical  greenhouse  gas  emissions  from  cultivation  of  agricultural  raw 
materials in the reports referred to in Article 19(2) in the case of Member States, and 
in  reports  equivalent  to  those  in  the  case  of  territories  outside  the  Union,  may  be 
submitted to the Commission.' 

'4.  The  Commission  may  decide,  by  means  of  an  implementing  act  adopted  in 
accordance  with  advisory  procedure  referred  to  in  Article  25(3),  that  the  reports 
referred  to  in  paragraph  3  contain  accurate  data  for  the  purposes  of  measuring  the 

EN 

15 

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greenhouse  gas  emissions  associated  with  the  cultivation  of  biofuel  and  bioliquid 
feedstocks typically produced in those areas for the purposes of Article 17(2). ' 

(b) in paragraph 5, the last sentence is replaced by the following:  

'To  this  end,  the  Commission  shall  be  empowered  to  adopt  delegated  acts  in 
accordance with Article 25 (b).' 

(c) paragraph 6 is replaced by the following: 

'The  Commission  shall  be  empowered  to  adopt  delegated  acts  pursuant  to  Article 
25(b)  concerning  the  adaptation  to  technical  and  scientific  progress  of  Annex  VIII, 
including  the  revision  of  the  proposed  crop  group  indirect  land-use  change  values; 
the introduction of new values at further levels of disaggregation (i.e. at a feedstock 
level);  the  inclusion  of  additional  values  should  new  biofuel  feedstocks  come  to 
market as appropriate; and the development of factors for feedstocks from non-food 
cellulosic and ligno-cellulosic materials.' 

(d) in paragraph 7, the first subparagraph is replaced by the following:  

'7. The Commission shall be empowered to adopt delegated acts pursuant to Article 
25  (b)  concerning  the  adaptation  of  Annex  V  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'.  

(e) paragraph 8 is deleted. 

Article 21 is deleted. 

In Article 22, paragraph 2 is replaced by the following:  

'2.  In  estimating  net  greenhouse  gas  emission  saving  from  the  use  of  biofuels,  the 
Member State may, for the purpose of the reports referred to in paragraph 1, use the 
typical values given in part A and part B of Annex V, and shall add the estimates for 
indirect land-use change emissions set out in Annex VIII.' 

Article 25(4) is deleted. 

The following Article 25b is inserted: 

'Article 25 b 
Exercise of the delegation 

1. The powers to adopt delegated acts are conferred on the Commission subject to the 
conditions laid down in this Article. 

2.  The  delegation  of  power  referred  to  in  Article  3(4)(d),  Article  5(5),  the  third 
subparagraph of Article 17(3)(c), Articles 19(5), 19(6) and 19(7) shall be conferred 
on the Commission for an indeterminate period of time from [the date of entry into 
force of this Directive]. 

8. 

9. 

10. 

11. 

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16 

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3.  The  delegation  of  power  referred  to  in  Article  3(4)(d),  Article  5(5),  the  third 
subparagraph of Article 17(3)(c), Articles 19 (5), 19 (6) and 19 (7) may be revoked at 
any  time  by  the  European  Parliament  or  by  the  Council.  A  decision  of  revocation 
shall put an end to the delegation of the power specified in that decision. It shall take 
effect the day following the publication of the decision in the Official Journal of the 
European Union or at a later date specified therein. It shall not affect the validity of 
any delegated acts already in force. 

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously 
to the European Parliament and to the Council. 

5.  A  delegated  act  adopted  pursuant  to  Article  3(4)(d),  Article  5(5),  the  third 
subparagraph  of  Article  17(3)(c),  Articles  19  (5),  19  (6)  and  19  (7)  shall  enter  into 
force only if no objection has been expressed either by the European Parliament or 
the Council within a  period  of 2  months of notification of that act to the European 
Parliament  and  the  Council  or  if,  before  the  expiry  of  that  period,  the  European 
Parliament  and  the  Council  have  both  informed  the  Commission  that  they  will  not 
object.  That  period  shall  be  extended  by  2  months at the initiative of the European 
Parliament or the Council.' 

12. 

Annexes are amended as set out in Annex II to this Directive. 

Article 3 
Review 

The Commission shall, before 31 December 2017, submit a report to the European Parliament 
and to the Council reviewing, on the basis of the best latest available scientific evidence, the 
effectiveness of the measures introduced by this Directive in limiting indirect land-use change 
greenhouse gas emissions associated with the production of biofuel and bioliquids. The report 
shall,  if  appropriate,  be  accompanied  by  a  legislative  proposal  based  on  the  best  available 
scientific evidence, for introducing estimated indirect land use change emissions factors into 
the appropriate sustainability criteria to be applied from 1st January 2021 and a review of the 
effectiveness of the incentives provided for biofuels from non-land using feedstocks and non-
food crops under Article 3(4)d of Directive 2009/28/EC.  

Article 4 
Transposition 

1. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions necessary to comply with this Directive by [twelve months after adoption] 
at the latest. They shall forthwith communicate to the Commission the text of those 
provisions.  

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

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. 

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17 

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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 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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ANNEX I 

Annexes to Directive 98/70/EC are amended as follows: 

(1) Annex IV, part C is amended as follows: 

(a) point 7 is replaced by the following: 

'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 these emissions the following rule shall be applied:  

el = (CSR – CSA) × 3,664 × 1/20 × 1/P, 

where 

el = 
annualised greenhouse gas emissions from carbon stock change due to 
land-use change (measured as mass (grams) of CO2-equivalent per unit biofuel 
energy (megajoules)); 

CSR  =  the  carbon  stock  per  unit  area  associated  with  the  reference  land-use 
(measured  as  mass  (tonnes)  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  (tonnes)  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 the earlier; and 

the  productivity  of  the  crop  (measured  as  biofuel  or  energy  per  unit 

P = 
area per year).' 

(b) points 8 and 9 are deleted. 

(2) The following Annex V is added: 

Part A. Estimated indirect land-use change emissions from biofuels 

'Annex V 

Feedstock group 

Cereals and other starch rich crops  

Sugars 

Oil crops  

EN 

Estimated 
emissions (gCO2eq/MJ) 

indirect 

land-use  change 

12 

13 

55 

19 

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Part  B.  Biofuels  for  which  the  estimated  indirect  land-use  change  emissions  are 
considered to be zero 

Biofuels  produced  from  the  following  feedstock  categories  will  be  considered  to  have 
estimated indirect land-use change emissions of zero: 

(a) 

(b) 

feedstocks which are not included under Part A of this Annex. 

feedstocks whose production has led to direct land use change, i.e. a change from one 
of  the  following  IPCC  land  cover  categories;  forest  land,  grassland,  wetlands, 
settlements,  or  other  land,  to  cropland  or  perennial  cropland14.  In  such  a  case  a 
"direct  land  use  change  emission  value  (el)  should  have  been  calculated  in 
accordance to Part C, paragraph 7 of Annex IV.' 

14 

Perennial crops are defined as multi-annual crops whose stem is usually not annually harvested such as 
short rotation coppice and oil palm as defined in (2010/C 160/02)  

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20 

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ANNEX II 

Annexes to Directive 2009/28/EC are amended as follows: 

(1) Annex V, part C is amended as follows: 

(a) point 7 is replaced by the following: 

'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 these emissions the following rule shall be applied:  

el = (CSR – CSA) × 3,664 × 1/20 × 1/P, 

where 

el = 
annualised greenhouse gas emissions from carbon stock change due to 
land-use change (measured as mass (grams) of CO2-equivalent per unit biofuel 
energy (megajoules)); 

CSR  =  the  carbon  stock  per  unit  area  associated  with  the  reference  land  use 
(measured  as  mass  (tonnes)  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  (tonnes)  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 the earlier; and 

the  productivity  of  the  crop  (measured  as  biofuel  or  bioliquid  energy 

P = 
per unit area per year).'  

(b) points 8 and 9 are deleted. 

(2) The following Annex VIII is added: 

'Annex VIII 

Part  A.  Estimated  indirect  land-use  change  emissions  from  biofuel  and  bioliquid 
feedstocks 

Feedstock group 

Cereals and other starch rich crops  

Sugars 

Oil crops  

EN 

Estimated 
emissions (gCO2eq/MJ) 

indirect 

land-use  change 

12 

13 

55 

21 

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Part  B.  Biofuels  and  bioliquids  for  which  the  estimated  indirect  land-use  change 
emissions are considered to be zero 

Biofuels and bioliquids produced from the following feedstock categories will be considered 
to have estimated indirect land-use change emissions of zero: 

(a) 

feedstocks which are not included under Part A of this Annex. 

(b) 

feedstocks  whose  production  has  led  to  direct  land  use  change,  i.e.  a  change 
from one of the following IPCC land cover categories; forest land, grassland, 
wetlands,  settlements,  or  other  land,  to  cropland  or  perennial  cropland15.  In 
such  a  case  a  "direct  land  use  change  emission  value  (el)  should  have  been 
calculated in accordance to Part C, paragraph 7 of Annex V.' 

(3) The following Annex IX is added: 

'Annex IX 

Part  A.  Feedstocks  whose  contribution  towards  the  target  referred  to  in  Article  3(4) 
shall be considered to be four times their energy content 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

(k) 

(l) 

15 

Algae. 

Biomass  fraction  of  mixed  municipal  waste,  but  not  separated  household  waste 
subject  to  recycling  targets  under  Article  11(2)(a)  of  Directive  2008/98/EC  of  the 
European  Parliament  and  of  the  Council  of  19  November  2008  on  waste  and 
repealing certain Directives. 

Biomass fraction of industrial waste. 

Straw. 

Animal manure and sewage sludge. 

Palm oil mill effluent and empty palm fruit bunches. 

Tall oil pitch. 

Crude glycerine. 

Bagasse. 

Grape marcs and wine lees. 

Nut shells. 

Husks. 

Perennial crops are defined as multi-annual crops whose stem is usually not annually harvested such as 
short rotation coppice and oil palm as defined in (2010/C 160/02)  

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(m) 

Cobs 

(n) 

Bark, branches, leaves, saw dust and cutter shavings. 

Part  B.  Feedstocks  whose  contribution  towards  the  target  referred  to  in  Article  3(4) 
shall be considered to be twice their energy content 

(a) 

(b) 

(c) 

(d) 

Used cooking oil. 

Animal fats classified as category I and II in accordance with EC/1774/2002 laying 
down  health  rules  concerning  animal  by-products  not  intended  for  human 
consumption16.  

Non-food cellulosic material. 

Ligno-cellulosic material except saw logs and veneer logs. 

16 

OJ L 273, 10.10.2002, p. 1 

EN 

23 

   EN