EC as regards the promotion of energy from renewable sources - Main contents

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dossier	COM(2021)557 - Amendment of Directive 2018/2001, Regulation 2018/1999 Directive 98/70/EC as regards the promotion of energy from renewable ...
document	COM(2021)557
date	October 18, 2023

ANNEX I

The Annexes to Directive (EU) 2018/2001 are amended as follows:

(1)	in Annex I, the final row in the table is deleted;

(2)

the following Annex is inserted:

‘ANNEX IA

NATIONAL HEATING AND COOLING SHARES OF ENERGY FROM RENEWABLE SOURCES IN GROSS FINAL CONSUMPTION OF ENERGY FOR 2020-2030

	Additional top-ups to Article 23(1) (in percentage points) for the period 2021-2025 (*1)	Additional top-ups to Article 23(1) (in percentage points) for the period 2026-2030 (*2)	Resulting shares including top-ups without waste heat and cold (in percentage points)
Belgium	1,0	0,7	1,8
Bulgaria	0,7	0,4	1,5
Czechia	0,8	0,5	1,6
Denmark	1,2	1,1	1,6
Germany	1,0	0,7	1,8
Estonia	1,3	1,2	1,7
Ireland	2,3	2,0	3,1
Greece	1,3	1,0	2,1
Spain	0,9	0,6	1,7
France	1,3	1,0	2,1
Croatia	0,8	0,5	1,6
Italy	1,1	0,8	1,9
Cyprus	0,8	0,5	1,6
Latvia	0,7	0,6	1,1
Lithuania	1,7	1,6	2,1
Luxembourg	2,3	2,0	3,1
Hungary	0,9	0,6	1,7
Malta	0,8	0,5	1,6
Netherlands	1,1	0,8	1,9
Austria	1,0	0,7	1,8
Poland	0,8	0,5	1,6
Portugal	0,7	0,4	1,5
Romania	0,8	0,5	1,6
Slovenia	0,8	0,5	1,6
Slovakia	0,8	0,5	1,6
Finland	0,6	0,5	1,0
Sweden	0,7	0,7	0,7

;

(3)

Annex III is replaced by the following:

‘ANNEX III

ENERGY CONTENT OF FUELS

Fuel	Energy content by weight (lower calorific value, MJ/kg)	Energy content by volume (lower calorific value, MJ/l)
FUELS FROM BIOMASS AND/OR BIOMASS PROCESSING OPERATIONS
Bio-Propane	46	24
Pure vegetable oil (oil produced from oil plants through pressing, extraction or comparable procedures, crude or refined but chemically unmodified)	37	34
Biodiesel – fatty acid methyl ester (methyl-ester produced from oil of biomass origin)	37	33
Biodiesel – fatty acid ethyl ester (ethyl-ester produced from oil of biomass origin)	38	34
Biogas that can be purified to natural gas quality	50	—
Hydrotreated (thermochemically treated with hydrogen) oil of biomass origin, to be used for replacement of diesel	44	34
Hydrotreated (thermochemically treated with hydrogen) oil of biomass origin, to be used for replacement of petrol	45	30
Hydrotreated (thermochemically treated with hydrogen) oil of biomass origin, to be used for replacement of jet fuel	44	34
Hydrotreated oil (thermochemically treated with hydrogen) of biomass origin, to be used for replacement of liquefied petroleum gas	46	24
Co-processed oil (processed in a refinery simultaneously with fossil fuel) of biomass or pyrolysed biomass origin to be used for replacement of diesel	43	36
Co-processed oil (processed in a refinery simultaneously with fossil fuel) of biomass or pyrolysed biomass origin, to be used to replace petrol	44	32
Co-processed oil (processed in a refinery simultaneously with fossil fuel) of biomass or pyrolysed biomass origin, to be used to replace jet fuel	43	33
Co-processed oil (processed in a refinery simultaneously with fossil fuel) of biomass or pyrolysed biomass origin, to be used to replace liquefied petroleum gas	46	23
RENEWABLE FUELS THAT CAN BE PRODUCED FROM VARIOUS RENEWABLE SOURCES, INCLUDING BIOMASS
Methanol from renewable sources	20	16
Ethanol from renewable sources	27	21
Propanol from renewable sources	31	25
Butanol from renewable sources	33	27
Fischer-Tropsch diesel (a synthetic hydrocarbon or mixture of synthetic hydrocarbons to be used for replacement of diesel)	44	34
Fischer-Tropsch petrol (a synthetic hydrocarbon or mixture of synthetic hydrocarbons produced from biomass, to be used for replacement of petrol)	44	33
Fischer-Tropsch jet fuel (a synthetic hydrocarbon or mixture of synthetic hydrocarbons produced from biomass, to be used for replacement of jet fuel)	44	33
Fischer-Tropsch liquefied petroleum gas (a synthetic hydrocarbon or mixture of synthetic hydrocarbons, to be used for replacement of liquefied petroleum gas	46	24
DME (dimethylether)	28	19
Hydrogen from renewable sources	120	—
ETBE (ethyl-tertio-butyl-ether produced on the basis of ethanol)	36 (of which 33 % from renewable sources)	27 (of which 33 % from renewable sources)
MTBE (methyl-tertio-butyl-ether produced on the basis of methanol)	35 (of which 22 % from renewable sources)	26 (of which 22 % from renewable sources)
TAEE (tertiary-amyl-ethyl-ether produced on the basis of ethanol)	38 (of which 29 % from renewable sources)	29 (of which 29 % from renewable sources)
TAME (tertiary-amyl-methyl-ether produced on the basis of methanol)	36 (of which 18 % from renewable sources)	28 (of which 18 % from renewable sources)
THxEE (tertiary-hexyl-ethyl-ether produced on the basis of ethanol)	38 (of which 25 % from renewable sources)	30 (of which 25 % from renewable sources)
THxME (tertiary-hexyl-methyl-ether produced on the basis of methanol)	38 of which 14 % from renewable sources)	30 (of which 14 % from renewable sources)
NON-RENEWABLE FUELS
Petrol	43	32
Diesel	43	36
Jet fuel	43	34
Hydrogen from non-renewable sources	120	—

(4)

Annex IV is amended as follows:

(a)	the title is replaced by the following: ‘TRAINING AND CERTIFICATION OF INSTALLERS AND DESIGNERS OF RENEWABLE ENERGY INSTALLATIONS’;

(b)

the introductory sentence and the points 1, 2 and 3 are replaced by the following:

‘The certification or equivalent qualification schemes and training programmes referred to in Article 18(3) shall be based on the following criteria:

1.	The certification or equivalent qualification process shall be transparent and clearly defined by the Member States or by the administrative body that they appoint.

1a.	The certificates issued by certification bodies shall be clearly defined and easy to identify for workers and professionals seeking certification.

1b.	The certification process shall enable installers to acquire the necessary theoretical and practical knowledge and guarantee the existence of skills needed to put in place high quality installations that operate reliably.

2.	Installers of systems using biomass, heat pump, shallow geothermal, solar photovoltaic and solar thermal energy, including energy storage, and recharging points shall be certified by an accredited training programme or training provider or equivalent qualification schemes.

The accreditation of the training programme or provider shall be effected by Member States or by the administrative body that they appoint. The accrediting body shall ensure that the training, including upskilling and reskilling programmes, offered by the training provider are inclusive and have continuity and regional or national coverage.

The training provider shall have adequate technical facilities to provide practical training, including sufficient laboratory equipment or corresponding facilities to provide practical training.

The training provider shall offer, in addition to the basic training, shorter refresher and upskilling courses organised in training modules allowing installers and designers to add new competences, widen and diversify their skills across several types of technology and their combinations. The training provider shall ensure adaptation of training to new renewable energy technology in the context of buildings, industry and agriculture. Training providers shall recognise acquired relevant skills.

The training programmes and modules shall be designed to enable life-long learning in renewable energy installations and be compatible with vocational training for first time job seekers and adults seeking reskilling or new employment.

The training programmes shall be designed in order to facilitate acquiring qualifications covering different types of technology and solutions and avoid limited specialisation in a specific brand or technology. The training provider may be the manufacturer of the equipment or system, institutes or associations.’;

(c)

point 5 is replaced by the following:

‘5.

The training course shall end with an examination leading to a certificate or qualification. The examination shall include a practical assessment of successfully installing biomass boilers or stoves, heat pumps, shallow geothermal installations, solar photovoltaic or solar thermal installations, including energy storage, or recharging points, enabling demand response.’;

(d)

point 6(c) is amended as follows:

(i)

the introductory wording is replaced by the following:

‘(c)

The theoretical part of the heat pump installer training should give an overview of the market situation for heat pumps and cover geothermal energy sources and ground source temperatures of different regions, soil and rock identification for thermal conductivity, regulations on using geothermal energy sources, feasibility of using heat pumps in buildings and determining the most suitable heat pump system, and knowledge about their technical requirements, safety, air filtering, connection with the heat source and system layout, and integration with energy storage solutions, including in combination with solar installations. The training should also provide good knowledge of any European standards for heat pumps, and of relevant national and Union law. The installer should demonstrate the following key competences:’;

(ii)

point (iii) is replaced by the following:

‘(iii)

the ability to choose and size the components in typical installation situations, including determining the typical values of the heat load of different buildings and for hot water production based on energy consumption, determining the capacity of the heat pump on the heat load for hot water production, on the storage mass of the building and on interruptible current supply; determine energy storage solutions, including via the buffer tank component and its volume and integration of a second heating system;

(iv)	an understanding of feasibility and design studies;

(v)	an understanding of drilling, in the case of geothermal heat pumps.’;

(e)

point 6(d) is amended as follows:

(i)

the introductory wording is replaced by the following:

‘(d)

The theoretical part of the solar photovoltaic and solar thermal installer training should give an overview of the market situation of solar products and cost and profitability comparisons, and cover ecological aspects, components, characteristics and dimensioning of solar systems, selection of accurate systems and dimensioning of components, determination of the demand for heat, options for integrating energy storage solutions, fire protection, related subsidies, as well as the design, installation and maintenance of solar photovoltaic and solar thermal installations. The training should also provide good knowledge of any European standards for technology, and certification such as Solar Keymark, and related national and Union law. The installer should demonstrate the following key competences:’;

(ii)

point (ii) is replaced by the following:

‘(ii)

the ability to identify systems and their components specific to active and passive systems, including the mechanical design, and to determine the location of the components, the system layout and the configuration, and options for the integration of energy storage solutions, including through combination with recharging stations.’;

(5)

in Annex V, part C is amended as follows:

(a)

point 6 is replaced by the following:

‘6.

For the purposes of the calculation referred to in point 1(a), greenhouse gas emissions savings from improved agriculture management, esca, such as shifting to reduced or zero-tillage, improved crops and crop rotation, the use of cover crops, including crop residue management, and the use of organic soil improver, such as compost and manure fermentation digestate, shall be taken into account only if they do not risk to negatively affect biodiversity. Further, solid and verifiable evidence shall be provided that the soil carbon has increased or that it is reasonable to expect to have increased over the period in which the raw materials concerned were cultivated while taking into account the emissions where such practices lead to increased fertiliser and herbicide use (*3).

(b)

point 15 is replaced by the following:

‘15.

Emissions savings from CO2 capture and replacement, eccr, shall be related directly to the production of the biofuels or bioliquids to which they are attributed, and 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 in the production of commercial products and services before 1 January 2036.’;

(c)

point 18 is replaced by the following:

‘18.

For the purposes of the calculations referred to in point 17, the emissions to be divided shall be eec + el + esca + those fractions of ep, etd, eccs and eccr 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 those purposes instead of the total of those emissions. In the case of biofuels and bioliquids, all co-products that do not fall under the scope of point 17 shall be taken into account for the purposes of that calculation.

Co-products that have a negative energy content shall be considered to have an energy content of zero for the purposes of the calculation.

As a general rule, wastes and residues including all wastes and residues included in Annex IX shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product.

In the case of biomass fuels produced in refineries, other than the combination of processing plants with boilers or cogeneration units providing heat and/or electricity to the processing plant, the unit of analysis for the purposes of the calculation referred to in point 17 shall be the refinery’;

(6)

In Annex VI, part B is amended as follows:

(a)

point 6 is replaced by the following:

‘6.

For the purposes of the calculation referred to in point 1(a), greenhouse gas emissions savings from improved agriculture management, esca, such as shifting to reduced or zero-tillage, improved crops and crops rotation, the use of cover crops, including crop residue management, and the use of organic soil improver, such as compost and manure fermentation digestate, shall be taken into account only if they do not risk to negatively affect biodiversity. Further, solid and verifiable evidence shall be provided that the soil carbon has increased or that it is reasonable to expect to have increased over the period in which the raw materials concerned were cultivated while taking into account the emissions where such practices lead to increased fertiliser and herbicide use (*4).

(*4) Measurements of soil carbon can constitute such evidence, e.g. by a first measurement in advance of the cultivation and subsequent ones at regular intervals several years apart. In such a case, before the second measurement is available, increase in soil carbon would be estimated on the basis of representative experiments or soil models. From the second measurement onwards, the measurements would constitute the basis for determining the existence of an increase in soil carbon and its magnitude.’;"

(b)

point 15 is replaced by the following:

‘15.

Emissions savings from CO2 capture and replacement, eccr, shall be related directly to the production of biomass fuels to which they are attributed, and 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 in the production of commercial products and services before 1 January 2036.’;

(c)

point 18 is replaced by the following:

‘18.

For the purposes of the calculations referred to in point 17, the emissions to be divided shall be eec + el + esca + those fractions of ep, etd, eccs and eccr 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 those purposes instead of the total of those emissions.

In the case of biogas and biomethane, all co-products that do not fall under the scope of point 17 shall be taken into account for the purposes of that calculation. Co-products that have a negative energy content shall be considered to have an energy content of zero for the purposes of the calculation.

As a general rule, wastes and residues including all wastes and residues included in Annex IX shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product.

In the case of biomass fuels produced in refineries, other than the combination of processing plants with boilers or cogeneration units providing heat and/or electricity to the processing plant, the unit of analysis for the purposes of the calculation referred to in point 17 shall be the refinery’;

(7)	in Annex VII, in the definition of ‘Qusable’, the reference to Article 7(4) is replaced by a reference to Article 7(3);

(8)

Annex IX is amended as follows:

(a)	in Part A, the introductory phrase is replaced by the following: ‘Feedstocks for the production of biogas for transport and advanced biofuels:’;

(b)	in Part B, the introductory phrase is replaced by the following: ‘Feedstocks for the production of biofuels and biogas for transport, the contribution of which towards the targets referred to in Article 25(1), first subparagraph, point (a), shall be limited to:’.

(*3) Measurements of soil carbon can constitute such evidence, e.g. by a first measurement in advance of the cultivation and subsequent ones at regular intervals several years apart. In such a case, before the second measurement is available, increase in soil carbon would be estimated on the basis of representative experiments or soil models. From the second measurement onwards, the measurements would constitute the basis for determining the existence of an increase in soil carbon and its magnitude.’;

(*4) Measurements of soil carbon can constitute such evidence, e.g. by a first measurement in advance of the cultivation and subsequent ones at regular intervals several years apart. In such a case, before the second measurement is available, increase in soil carbon would be estimated on the basis of representative experiments or soil models. From the second measurement onwards, the measurements would constitute the basis for determining the existence of an increase in soil carbon and its magnitude.’;’

(*1) The flexibilities of Article 23(2), points (b) and (c), where they were taken into account when calculating the top-ups and resulting shares.

(*2) The flexibilities of Article 23(2), points (b) and (c), where they were taken into account when calculating the top-ups and resulting shares.

ANNEX II

Annexes I, II, IV and V to Directive 98/70/EC are amended as follows:

(1)

Annex I is amended as follows:

(a)

footnote 1 is replaced by the following:

‘(1)	Test methods shall be those specified in EN 228:2012+A1:2017. Member States may adopt the analytical method specified in replacement EN 228:2012+A1:2017 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.’;

(b)

footnote 2 is replaced by the following:

‘(2)

the values quoted in the specification are “true values”. In the establishment of their limit values, the terms of EN ISO 4259-1:2017/A1:2021 “Petroleum and related products – Precision of measurement methods and results – Part 1: Determination 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 4259-2:2017/A1:2019.’;

(c)

footnote 6 is replaced by the following:

‘(6)	Other mono-alcohols and ethers with a final boiling point no higher than that stated in EN 228:2012 +A1:2017.’;

(2)

Annex II is amended as follows:

(a)	in the last line of the table, ‘FAME content – EN 14078’, the entry in the last column ‘Limits’‘Maximum’, ‘7,0’ is replaced by ’10,0’;

(b)

footnote 1 is replaced by the following:

‘(1)	Test methods shall be those specified in EN 590:2013+A1:2017. Member States may adopt the analytical method specified in replacement EN 590:2013+A1:2017 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.’;

(c)

footnote 2 is replaced by the following:

‘(2)

The values quoted in the specification are “true values”. In the establishment of their limit values, the terms of EN ISO 4259-1:2017/A1:2021 ‘Petroleum and related products – Precision or measurement methods and results – Part 1: Determination 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 4259-2:2017/A1:2019.’;

(3)	Annexes IV and V are deleted.

ELI: http://data.europa.eu/eli/dir/2023/2413/oj

ISSN 1977-0677 (electronic edition)