Biofuels (Sustainability Criteria) (Amendment) Regulations, 2017

L.N. 265 of 2017

REGULATOR FOR ENERGY AND WATER SERVICES ACT

(CAP. 545)

Biofuels (Sustainability Criteria) (Amendment) Regulations, 2017

IN EXERCISE of the powers conferred by article 37(1) of the

Regulator for Energy and Water Services Act, the Minister responsible

for Energy and Water Management, after consultation with the

Regulator for Energy and Water Services, has made the following

regulations:-

(1) The title of these regulations is the Biofuels

commencement.

(Sustainability Criteria) (Amendment) Regulations, 2017 and these

regulations shall be read and construed as one with the Biofuels

(Sustainability Criteria) Regulations, hereinafter referred to as "the

principal regulations".

(2) These regulations give effect to Articles 2, 3, 6, 19 and

Annex II of Directive 2009/28/EC, as amended by Directive (EU)

2015/1513.

(3) These regulations shall enter into force on the 10 th

September 2017.

In regulation 2 of the principal regulations, immediately

after the definition "renewable energy obligation" there shall be added

the following new definitions

""renewable liquid and gaseous transport fuels of non-

biological origin" means liquid or gaseous fuels other than

biofuels whose energy content comes from renewable energy

sources other than biomass, and which are used in transport;

"starch-rich crops" means crops comprising mainly cereals

(regardless of whether only the grains are used or the whole

plant, such as in the case of green maize, is used), tubers and root

crops (such as potatoes, Jerusalem artichokes, sweet potatoes,

cassava and yams), and corm crops (such as taro and

cocoyam);".

In regulation 3 of the principal regulations, sub-regulation

(2) thereof shall be substituted by the following new sub-regulation

"(2) The greenhouse gas emission saving from the use of

biofuels and bioliquids taken into account for the purposes

referred to in sub-regulation (1) shall be at least 60 % for

biofuels and bioliquids produced in installations starting

operation after the 5 October 2015. An installation shall be

considered to be 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 the 5 October 2015, for the

purposes referred to in sub-regulation (1), the biofuels and, or

bioliquids operator shall ensure that biofuels and bioliquids shall

achieve a greenhouse gas emission saving of at least 35 % until

the 31 December 2017 and at least 50 % from the 1 January

2018. The greenhouse gas emission saving from the use of

biofuels and bioliquids shall be calculated in accordance with

regulation 5(1).".

Regulation 5 of the principal regulations shall be Substitutes

regulation 5 of

substituted by the following

the principal

regulations.

"For the purposes of regulation 3(2), the greenhouse gas

emission saving from the use of biofuel and bioliquids shall be

calculated as follows

(a)

where a default value for greenhouse gas

emission saving for the production pathway is laid down in

Part A or Part B of the Schedule and where the e 1 value for

those biofuels or bioliquids calculated in accordance with

item 7 of Part C of the Schedule is equal to or less than

zero, by using that default value;

(b)

by using an actual value calculated in

accordance with the methodology laid down in Part C of

the Schedule; or

(c) by using a value calculated as the sum of the

factors of the formula referred to in item 1 of Part C of the

Schedule, where disaggregated default values in Part D or

Part E of the Schedule may be used for some factors, and

actual values, calculated in accordance with the

methodology laid down in Part C of the Schedule, for all

other factors.".

The Schedule to the principal regulations shall be amended Amends the

Schedule to the

as follows

principal

regulations.

(a) item 7 of Part C thereof shall be substituted by the

following new item

"7. Annualised emissions from carbon stock changes

caused by land-use change, e l , shall be calculated by

dividing total emissions equally over 20 years. For the

calculation of those emissions, the following rule shall be

applied

e l = (CS R – CS A ) × 3,664 × 1/20 × 1/P – e B , (*)

where

e l =annualised greenhouse gas emissions from carbon

stock change due to land-use change (measured as mass

(grams) of CO 2 -equivalent per unit biofuel energy

(megajoules)). "Cropland" (**) and "perennial cropland"

(***) shall be regarded as one land use;

CS R =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;

CS A =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 CS A shall be the estimated

stock per unit area after 20 years or when the crop reaches

maturity, whichever is the earlier;

P =the productivity of the crop (measured as biofuel

energy per unit area per year); and

e B =bonus of 29 gCO 2eq /MJ biofuel if biomass is

obtained from restored degraded land under the conditions

provided for in item 8 of Part C of this Schedule.

(*)The quotient obtained by dividing the molecular

weight of CO 2 (44,010 g/mol) by the molecular weight of

carbon (12,011 g/mol) is equal to 3,664.

(**)Cropland as defined by IPCC.

(***)Perennial crops are defined as multi-annual

crops, the stem of which is usually not annually harvested

such as short rotation coppice and oil palm."; and

(b) immediately after Part E thereof, there shall be added

the following new Parts

"Part F.

Provisional estimated indirect land-use

change emissions from biofuels (gCO 2eq /MJ) (+)

Interpercentile range

Feedstock group

Mean(*)

derived from the

sensitivity analysis(**)

Cereals and other

8 to 16

starch-rich crops

Sugars

4 to 17

Oil crops

33 to 66

(*) The mean values included here represent a

weighted average of the individually modelled feedstock

values.

(**) The range included here reflects 90% of the

results using the fifth and ninety-fifth percentile values

resulting from the analysis. The fifth percentile suggests a

value below which 5 % of the observations were found (i.e.

5 % of total data used showed results below 8, 4, and 33

gCO 2eq /MJ). The ninety-fifth percentile suggests a value

below which 95 % of the observations were found (i.e. 5 %

of total data used showed results above 16, 17, and 66

gCO 2eq /MJ).

Part G.

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

(1) Feedstocks which are not listed under part F of

this Schedule.

(2) Feedstocks, the production of which 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 cropland (++). In such a case a direct land-use

change emission value (e l ) should have been calculated in

accordance with item 7 of Part C of this Schedule.

(+) The mean values reported here represent a

weighted average of the individually modelled feedstock

values. The magnitude of the values in Part F is sensitive to

the range of assumptions (such as treatment of co-products,

yield developments, carbon stocks and displacement of

other commodities) used in the economic models

developed for their estimation. Although it is therefore not

possible to fully characterise the uncertainty range

associated with such estimates, a sensitivity analysis

conducted on the results based on a random variation of

key parameters, a so-called Monte Carlo analysis, was

conducted.

(++) Perennial crops are defined as multi-annual

crops, the stem of which is usually not annually harvested

such as short rotation coppice and oil palm.

Part H.

Feedstocks and fuels, the contribution of which

towards the target of share of energy from renewable

sources in all forms of transport in 2020 referred to in

regulation 4 of the Promotion of Energy From Renewable

Sources Regulations, shall be considered to be twice their

energy content

(a)

algae if cultivated on land, in ponds or

photobioreactors;

(b)

biomass fraction of mixed municipal

waste, but not separated household waste subject to

recycling targets under paragraph (a) of item 12 of

Schedule 5 of the Waste Regulations;

(c)

bio-waste as defined in regulation 4 of

the Waste Regulations from private households

subject to separate collection as defined in

regulation 4 of the aforesaid regulations;

(d) biomass fraction of industrial waste not

fit for use in the food or feed chain, including

material from retail and wholesale and the agro-

food and fish and aquaculture industry, and

excluding feedstocks listed in part G of this

Schedule;

(e) straw;

(f) animal manure and sewage sludge;

(g) palm oil mill effluent and empty palm

fruit bunches;

(h) tall oil pitch;

(i) crude glycerine;

(j) bagasse;

(k) grape marcs and wine lees;

(l) nut shells;

(m) husks;

(n) cobs cleaned of kernels of corn;

(o) biomass fraction of wastes and residues

from forestry and forest-based industries, i.e. bark,

branches, pre- commercial thinnings, leaves,

needles, tree tops, saw dust, cutter shavings, black

liquor, brown liquor, fibre sludge, lignin and tall

oil;

(p) other non-food cellulosic material as

defined in regulation 2;

(q) other ligno-cellulosic material as

defined in regulation 2 except saw logs and veneer

logs;

(r) renewable liquid and gaseous transport

fuels of non-biological origin;

(s) carbon capture and utilisation for

transport purposes, if the energy source is

renewable in accordance with the definition of

"energy from renewable sources" as defined in

regulation 2;

(t) bacteria, if the energy source is

renewable in accordance with the definition of

"energy from renewable sources" as defined in

regulation 2.

Part I.

Feedstocks, the contribution of which towards the

target referred to in regulation 4 of the Promotion of

Energy from Renewable Sources Regulations shall be

considered to be twice their energy content

(a) used cooking oil;

(b) animal fats classified as categories 1

and 2 in accordance with Regulation (EC) No

1069/2009 of the European Parliament and of the

Council (*) of 21 October 2009 laying down health

rules as regards animal by-products and derived

products not intended for human consumption and

repealing Regulation (EC) No 1774/2002 (Animal

by-products Regulation).".*

*(OJ L 300, 14.11.2009, p. 1)

€0.63