COMMISSION IMPLEMENTING DECISION (EU) 2024/3176

| Official Journal of the European Union | EN L series ---|---|--- * * * | 2024/3176 | 20.12.2024 ---|---|--- COMMISSION IMPLEMENTING DECISION (EU) 2024/3176 of 19 December 2024 amending Implementing Decision (EU) 2022/602 as regards the recognition of the ‘International Sustainability & Carbon Certification – ISCC EU’ voluntary scheme for forest biomass, renewable fuels of non-biological origin and recycled carbon fuels (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (1), and in particular Article 30(4) thereof, Whereas: (1) | The ‘International Sustainability & Carbon Certification – ISCC EU’ voluntary scheme (the ISCC’ scheme) submitted a request to the Commission for recognition pursuant to Article 30(4) of Directive (EU) 2018/2001 on 17 December 2020. The request led to an assessment of that scheme by the Commission, in which some issues requiring modification were identified. In its resubmission of 23 June 2021, the scheme correctly addressed the issues and the Commission concluded that the scheme covered adequately the sustainability criteria for agricultural biomass, laid down in Article 29(2) to (5) of Directive (EU) 2018/2001, while it also contained accurate data on greenhouse gas emission savings for the purpose of Article 29(10) of that Directive and applied a mass balance methodology in accordance with the requirements of Article 30(1) and (2) of that Directive. Therefore, the ISCC scheme was, in Commission Implementing Decision (EU) 2022/602 (2), recognised for demonstrating compliance with the requirements set out in Article 29(2) to (5) and (10) of Directive (EU) 2018/2001, which concern biofuels, bioliquids and biomass fuels produced from agricultural biomass and from waste and residues. For reasons of clarity and legal certainty, it should be clarified which provisions of Implementing Decision (EU) 2022/602 apply to agricultural biomass and which apply to forest biomass. ---|--- (2) | Since the ISCC scheme was not, in Implementing Decision (EU) 2022/602, considered to adequately cover the sustainability criteria for forest biomass laid down in Article 29(6) and (7) of Directive (EU) 2018/2001, the scheme made further modifications to ensure that the sustainability and greenhouse gas emissions savings criteria for forest biomass laid down in Article 29(6), (7) and (10) of Directive (EU) 2018/2001, were also adequately covered. In its resubmission of 30 November 2023, all the remaining issues, which had previously been identified, were adequately addressed and the Commission concluded that the ISCC scheme now demonstrates that consignments of biofuels, bioliquids and biomass fuels produced from forest biomass, comply with the sustainability criteria laid down in Article 29(2) to (7) of Directive (EU) 2018/2001 and with the greenhouse gas emissions savings for the purpose of Article 29(10) of that Directive. It was also concluded that the ISCC scheme applies with regard to forest biomass a mass balance methodology in accordance with the requirements of Article 30(1) and (2) of Directive (EU) 2018/2001. ---|--- (3) | Similarly, the ISCC scheme did not cover the requirements for renewable fuels of non-biological origin laid down in Article 27(6) of Directive (EU) 2018/2001 and Commission Delegated Regulation (EU) 2023/1184 (3). It also did not provide accurate data on greenhouse gas emissions savings of renewable fuels of non-biological origin and recycled carbon fuels for the purpose of Article 29a(1) and (2) of Directive (EU) 2018/2001 and in line with the methodology included in Commission Delegated Regulation (EU) 2023/1185 (4). Therefore, on 12 September 2023, the ISCC scheme submitted another request to the Commission for recognition as regards the production of renewable fuels of non-biological origin and recycled carbon fuels. The Commission assessed the scheme but concluded that further modifications were needed for it to be considered compliant with the relevant rules for renewable fuels of non-biological origin and recycled carbon fuels. The scheme resubmitted its documentation on 22 July 2024 and correctly addressed the identified issues. The Commission found that the ISCC scheme now adequately covers the rules set out in Article 27(6) of Directive (EU) 2018/2001 and Delegated Regulation (EU) 2023/1184 for the production of renewable fuels of non-biological origin and provides accurate data on greenhouse gas emissions savings of renewable fuels of non-biological origin and recycled carbon fuels for the purpose of Article 29a(1) and (2) of Directive (EU) 2018/2001 and in line with the methodology included in Delegated Regulation (EU) 2023/1185. ---|--- (4) | Since the ISCC scheme now also covers forest biomass, in addition to the feedstocks for which it was recognised by Implementing Decision (EU) 2022/602, the scheme covers all types of fuels produced from biomass. In addition, the scheme now covers renewable fuels of non-biological origin and recycled carbon fuels. It has a global geographic coverage and encompasses the entire chain of custody. ---|--- (5) | The ISCC scheme now adequately complies with the rules set out in Commission Implementing Regulation (EU) 2022/996 (5) also with regard to fuels produced from forest biomass. ---|--- (6) | The ISCC scheme adequately complies with the rules set out in Commission Implementing Regulation (EU) 2022/2448 (6) with regard to the sustainability criteria laid down in Article 29(6) and (7) of Directive (EU) 2018/2001. ---|--- (7) | The assessment of the ISCC scheme found that it meets the adequate standards of reliability, transparency and independent auditing and complies also with regard to fuels produced from forest biomass with the methodological requirements set out in Annexes V and VI to Directive (EU) 2018/2001, and for renewable fuels of non-biological origin and recycled carbon fuels the provisions laid down in Delegated Regulation (EU) 2023/1184 and Delegated Regulation (EU) 2023/1185. ---|--- (8) | With regard to the new elements of the ISCC scheme which, after having been assessed by the Commission following the resubmissions of 30 November 2023 and 22 July 2024, are being recognised in this Decision, the period of validity should be five years. ---|--- (9) | Implementing Decision (EU) 2022/602 should therefore be amended accordingly. ---|--- (10) | The information that the ISCC scheme has been recognised also for forest biomass, and renewable fuels of non-biological origin and recycled carbon fuels will be made available in the section devoted to voluntary schemes on the Commission’s Europa website. ---|--- (11) | To allow for prompt application of the measures provided for herein, this Decision should enter into force on the day following that of its publication in the Official Journal of the European Union. ---|--- (12) | The measures provided for in this Decision are in accordance with the opinion of the Committee on the Sustainability of Biofuels, Bioliquids and Biomass fuels, ---|--- HAS ADOPTED THIS DECISION: Article 1 Implementing Decision (EU) 2022/602 is amended as follows: (1) | Article 1 is amended as follows: | (a) | in the first paragraph, point (a) is replaced by the following: | ‘(a) | compliance of the consignments of biofuels, bioliquids and biomass fuels with the sustainability criteria for agricultural biomass laid down in Article 29(2) to (5) and (10) of Directive (EU) 2018/2001;’ ---|--- (b) | the following three paragraphs are added: ‘Following the submission of 30 November 2023, the scheme also demonstrates compliance of the consignments of biofuels, bioliquids and biomass fuels with the sustainability criteria for forest biomass laid down in Article 29(6) and (7) and with the greenhouse gas emissions savings requirements for forest biomass in Article 29(10) of Directive (EU) 2018/2001. Following the submission of 22 July 2024, the scheme also demonstrates compliance of consignments of renewable fuels of non-biological origin with the provisions set out in Article 27(6); Following the submission of 22 July 2024, the scheme provides accurate data on greenhouse gas emissions savings of renewable fuels of non-biological origin and recycled carbon fuels for the purpose of Article 29a(1) and (2) of Directive (EU) 2018/2001.’ ---|--- (2) | Article 2 is replaced by the following: ‘The Decision is valid: | (a) | until 13 April 2027 with regard to the elements referred to in Article 1, first paragraph, points (a), (b) and (c), and second paragraph; ---|--- (b) | until 21 December 2029 with regard to the elements referred to in Article 1, third, fourth and fifth paragraphs. ---|--- Where the contents of the scheme, as submitted for recognition to the Commission, change in a way that might affect the grounds for this Decision, the ‘ISCC’ voluntary scheme shall notify the Commission of such changes without delay. The Commission services shall assess the notified changes with a view to establishing whether the scheme still adequately covers the sustainability criteria for which it is recognised.’ Article 2 This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union. Done at Brussels, 19 December 2024. For the Commission The President Ursula VON DER LEYEN * * * (1) OJ L 328, 21.12.2018, p. 82, ELI: http://data.europa.eu/eli/dir/2018/2001/oj. (2) Commission Implementing Decision (EU) 2022/602 of 8 April 2022 on the recognition of the ‘International Sustainability & Carbon Certification – ISCC EU’ voluntary scheme for demonstrating compliance with the requirements set in Directive (EU) 2018/2001 of the European Parliament and of the Council for biofuels, bioliquids, biomass fuels, renewable liquid and gaseous fuels of non-biological origin and recycled carbon fuels (OJ L 114, 12.4.2022, p. 182, ELI: http://data.europa.eu/eli/dec_impl/2022/602/oj). (3) Commission Delegated Regulation (EU) 2023/1184 of 10 February 2023 supplementing Directive (EU) 2018/2001 of the European Parliament and of the Council by establishing a Union methodology setting out detailed rules for the production of renewable liquid and gaseous transport fuels of non-biological origin (OJ L 157, 20.6.2023, p. 11, ELI: http://data.europa.eu/eli/reg_del/2023/1184/oj). (4) Commission Delegated Regulation (EU) 2023/1185 of 10 February 2023 supplementing Directive (EU) 2018/2001 of the European Parliament and of the Council by establishing a minimum threshold for greenhouse gas emissions savings of recycled carbon fuels and by specifying a methodology for assessing greenhouse gas emissions savings from renewable liquid and gaseous transport fuels of non-biological origin and from recycled carbon fuels (OJ L 157, 20.6.2023, p. 20, ELI: http://data.europa.eu/eli/reg_del/2023/1185/oj). (5) Commission Implementing Regulation (EU) 2022/996 of 14 June 2022 on rules to verify sustainability and greenhouse gas emissions saving criteria and low indirect land-use change-risk criteria (OJ L 168, 27.6.2022, p. 1, ELI: http://data.europa.eu/eli/reg_impl/2022/996/oj). (6) Commission Implementing Regulation (EU) 2022/2448 of 13 December 2022 on establishing operational guidance on the evidence for demonstrating compliance with the sustainability criteria for forest biomass laid down in Article 29 of Directive (EU) 2018/2001 of the European Parliament and of the Council (OJ L 320, 14.12.2022, p. 4, ELI: http://data.europa.eu/eli/reg_impl/2022/2448/oj). * * * ELI: http://data.europa.eu/eli/dec_impl/2024/3176/oj ISSN 1977-0677 (electronic edition) * * *