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Sustainability and GHG Criteria Implementing Regulation In force Unlisted

Overview

Jurisdiction
European Union
Topic
-
Instrument type
Implementing Act
Reference number
2022/996
Valid from
2022-06-30
Valid to
2023-12-30
Modified date
2022-06-14
Listed at
Unlisted draft
Withdrawn at
-
Description
Implementing rules for the harmonised verification of sustainability and greenhouse-gas emissions-saving criteria for biofuels, bioliquids and biomass fuels, and of the criteria for low indirect land-use change-risk certification.

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Sources

Source URL Crawler Publish date
https://publications.europa.eu/resource/celex/32022R0996 EUR-Lex Crawl 2022-06-14

Logs

Type Status Started at Finished at
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Rule sets

Label Effective
Companies acting as economic operators 1818-08-15 — 9999-12-31
Applies from milestone:
Application Start (1818-08-15)
Expires at milestone:
-
Conditions:
  • Activities contains No Linked Attribute Value “production of raw materials” “collection of waste and residues” “processing raw materials into fuels or intermediate products” “production of electricity, heating or cooling” “storage of raw materials or fuels” “trading of raw materials or fuels”
Low-ILUC-risk certification applicants 1818-08-15 — 9999-12-31
Applies from milestone:
Application Start (1818-08-15)
Expires at milestone:
-
Conditions:
  • Products contains No Linked Attribute Value “biofuels” “bioliquids” “biomass fuels”
Companies making actual greenhouse-gas value claims 1818-08-15 — 9999-12-31
Applies from milestone:
Application Start (1818-08-15)
Expires at milestone:
-
Conditions:
  • Products contains No Linked Attribute Value “biofuels” “bioliquids” “biomass fuels” “recycled carbon fuels” “renewable fuels of non-biological origin”
Companies conducting co-processing 1818-08-15 — 9999-12-31
Applies from milestone:
Application Start (1818-08-15)
Expires at milestone:
-
Conditions:
  • Activities contains No Linked Attribute Value “co-processing biomass with fossil fuels”

Questions this regulation asks

Attributes only this regulation asks about — criteria no general attribute expresses. A company answers each once.

This regulation asks no questions of its own — every condition uses a general attribute.

Obligations

Title Kind Rule set
Document and transmit supply-chain information Record Keeping -
Description:
Thoroughly document and pass the required sustainability, greenhouse-gas and other information, including transaction data, from company to company through the supply chain.
Frequency:
Event-triggered
Check frequency:
Continuous
Products/Services:
Raw materials and fuels, including biofuels, bioliquids, biomass fuels, renewable liquid and gaseous transport fuels of non-biological origin and recycled carbon fuels.
Checking responsibility:
Certification bodies and voluntary schemes.
Check method:
Audits and reconciliation of transmitted supply-chain and transaction information with accompanying documents and the Union database.
Rule set:
-
Source reference:
Article 18(1)
Source excerpt:
The sustainability and GHG emissions saving characteristics and other information describing raw materials or fuel, required for the purposes of Directive (EU) 2018/2001, together with transaction data shall be thoroughly documented and passed on from economic operator to economic operator through the supply chain.
Enter information in shipment documents and database Record Keeping -
Description:
Include the required information in documentation accompanying physical shipments and, once operational, enter it in the Union database.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
Liquid and gaseous transport fuels relevant for the purposes specified in Article 18(2).
Checking responsibility:
Certification bodies and voluntary schemes.
Check method:
Verification of Union database entries and documentation accompanying physical shipments.
Rule set:
-
Source reference:
Article 18(2)
Source excerpt:
The information to be transmitted through the supply chain shall be included in the documentation accompanying the physical shipments of raw material or fuels. It shall also be included in the Union database as soon as this starts operation, in the case of liquid and gaseous transport fuels that are eligible for being counted towards the numerator referred to in Article 27(1), point (b) of Directive (EU) 2018/2001, or that are taken into account for the purposes referred to in Article 29(1), points (a), (b) and (c), first subparagraph, of that Directive.
Use a mass-balance system Record Keeping -
Description:
Use a mass-balance system that records the required sustainability and greenhouse-gas characteristics and quantities and keeps separate balances for raw materials and fuels that cannot be mixed.
Frequency:
Continuous
Check frequency:
Continuous
Products/Services:
Raw materials and fuels subject to a mass-balance system.
Checking responsibility:
Certification bodies and auditors.
Check method:
Annual audits and examination of mass-balance records, inputs, outputs, conversion factors, discrepancies and sustainability data.
Rule set:
-
Source reference:
Article 19(1)
Source excerpt:
Voluntary schemes shall require the economic operators participating in the scheme to use a mass balance system, in accordance with Article 30(1) of Directive (EU) 2018/2001 that allows the mixing of raw material or fuels that differ in their sustainability and GHG emissions saving characteristics.
Keep compliance evidence Record Keeping -
Description:
Keep all evidence necessary to comply with this Regulation and Directive (EU) 2018/2001 for at least five years and maintain an auditable system for safeguarding and reviewing it.
Frequency:
Continuous
Check frequency:
Continuous
Products/Services:
Raw materials and fuels for which sustainability or greenhouse-gas characteristics are claimed.
Checking responsibility:
Companies; verification by auditors.
Check method:
Auditors verify data, records, calculations and evidence during certification and surveillance audits.
Rule set:
-
Source reference:
Article 10(5)(b)-(c)
Source excerpt:
have an auditable system for safekeeping and reviewing all evidence related to the claims they make or rely on; keep all evidence necessary to comply with this Regulation and Directive (EU) 2018/2001 for a minimum of 5 years, or longer where it is required by the relevant national authority;
Claim actual greenhouse-gas values only after an audit Due Diligence -
Description:
Make actual greenhouse-gas value claims only after an audit has verified the capability to calculate actual values.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
Actual greenhouse-gas emission values.
Checking responsibility:
Certification body or auditor.
Check method:
Prior audit verification of the company’s capability to calculate actual values.
Rule set:
-
Source reference:
Article 14(4)
Source excerpt:
Economic operators may only make actual GHG values claims after their capability to conduct actual value calculations has been verified by an audit.
Document biomass and co-processing outputs Record Keeping -
Description:
Thoroughly document the amounts and types of biomass entering the process and the amounts of biofuel and biogas produced from it, substantiating claims with evidence including control-test results.
Frequency:
Continuous
Check frequency:
Continuous
Products/Services:
Co-processing of biomass with fossil fuels.
Checking responsibility:
Companies; verification by auditors.
Check method:
Documentation, control tests, plausibility checks and comparison of biomass inputs with produced quantities.
Rule set:
-
Source reference:
Article 23(2)
Source excerpt:
Economic operators shall be required to thoroughly document the amounts and types of biomass entering the process as well as the amounts of biofuel and biogas that are produced from that biomass. Claims shall be substantiated with evidence including the results of control tests.
Provide evidence for waste and residue classification Record Keeping -
Description:
Keep and present to auditors the underlying evidence supporting the assessment of raw materials as waste or residues.
Frequency:
Event-triggered
Check frequency:
Continuous
Products/Services:
Waste and residues assessed as feedstock.
Checking responsibility:
Companies; verification by auditors.
Check method:
Assessment based on underlying evidence and presentation of that evidence to auditors.
Rule set:
-
Source reference:
Article 21(4)
Source excerpt:
Economic operators shall keep and present to auditors the underlying evidence for their assessments.
Pass the initial audit Approval -
Description:
Successfully pass an initial audit before participating in a voluntary scheme.
Frequency:
One-time
Check frequency:
Event-triggered
Products/Services:
Raw materials and fuels handled by a company participating in a voluntary scheme.
Checking responsibility:
Certification body or auditor.
Check method:
Initial audit before participation; for new or re-certified participants, an on-site audit providing at least reasonable assurance.
Rule set:
-
Source reference:
Article 10(1)
Source excerpt:
Voluntary schemes shall require that economic operators successfully pass an initial audit before allowing them to participate in the scheme.
Apply and submit a management plan for low ILUC risk Reporting -
Description:
To obtain low-ILUC-risk certification, submit an application and, once accepted, provide a management plan; document all additionality measures where more than one is applied.
Frequency:
One-time
Check frequency:
Event-triggered
Products/Services:
Raw materials, biofuels, bioliquids and biomass fuels seeking low-ILUC-risk certification.
Checking responsibility:
Certification body.
Check method:
Application to a competent certification body and submission of a management plan containing the required information.
Rule set:
-
Source reference:
Article 24(1)
Source excerpt:
Voluntary schemes shall require economic operators seeking to receive a low ILUC-risk certification to submit an application to a certification body having the competence to deliver such certification. Upon acceptance of the application, the economic operator shall submit a management plan containing the minimum information set out in Annex VIII. Where more than one additionality measure is applied, all additionality measures shall be documented in the management plan.
Prove prior land use Due Diligence -
Description:
Provide evidence that, for at least five consecutive years before cultivation, the delineated areas were not used for food, feed or other energy crops, or substantial fodder for grazing animals.
Frequency:
One-time
Check frequency:
One-time
Products/Services:
Feedstock for biofuels, bioliquids and biomass fuels from unused or abandoned land.
Checking responsibility:
Certification body or auditor.
Check method:
Submission of evidence concerning land use for a consecutive period of at least five years before cultivation begins; additional evidence for abandoned land.
Rule set:
-
Source reference:
Article 26(1)
Source excerpt:
economic operators shall provide evidence that for a consecutive period of at least 5 years before the start of cultivation of the feedstock used for the production of biofuels, bioliquids and biomass fuels, the delineated areas were used neither for the cultivation of food and feed crops or other energy crops nor for the cultivation of any substantial amount of fodder for grazing animals.
Evidence biodiversity safeguards for grassland harvesting Due Diligence -
Description:
Provide evidence that harvesting is necessary to preserve highly biodiverse grassland status and that management practices pose no biodiversity-decline risk, or alternatively provide permission from the competent authority.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
Feedstock from non-natural highly biodiverse grassland.
Checking responsibility:
Companies; review by a qualified external and independent specialist as part of the audit.
Check method:
Submission of evidence showing the necessity of harvesting and absence of biodiversity risk; alternatively, submission of competent-authority permission; independent technical assessment.
Rule set:
-
Source reference:
Article 16(5)
Source excerpt:
Economic operators shall provide evidence that the harvesting of the raw material is necessary to preserve the highly biodiverse grassland status and that management practices do not present a risk of causing biodiversity decline of the grassland.Where economic operators are unable to provide the evidence referred to in the second subparagraph, they shall provide evidence that they have been granted permission by the relevant competent authority, or designated agency, to harvest the raw material in order to preserve the highly biodiverse grassland status.
Provide actual greenhouse-gas calculation information Reporting -
Description:
Provide auditors with all relevant and up-to-date information concerning the calculation of actual greenhouse-gas emissions before the planned audit.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
Actual greenhouse-gas emission calculations.
Checking responsibility:
Auditor or certification body.
Check method:
Submission of calculation data, factors, sources, calculations and evidence before the planned audit.
Rule set:
-
Source reference:
Article 14(1)
Source excerpt:
Voluntary schemes shall require economic operators to provide auditors with all the relevant and up to date information concerning the calculation of actual GHG emissions, in advance of the planned audit.

Measures

No measures.

Penalties

Description Kind Rule set
A company applying for certification is not issued a certificate for critical non-conformities; critical non-conformities found during surveillance or recertification audits, internal monitoring or complaints lead to immediate withdrawal of the certificate. Other Prohibitions and Exclusions -
Responsible authority:
Freiwilliges System beziehungsweise Zertifizierungsstelle
Source reference:
Article 10(4)(a)
Source excerpt:
in the case of critical non-conformities, economic operators applying for certification shall not be issued a certificate. Economic operators may re-apply for certification after the lapse of a fixed period of time, determined by the voluntary scheme. Critical non-conformities identified during surveillance or re-certification audits, or through a voluntary scheme’s internal monitoring or complaints process, shall lead to the immediate withdrawal of the economic operator’s certificate;
For major non-conformities, no certificate is issued or an existing certificate is immediately suspended; if the non-conformity is not remedied within 90 days of notification, the certificate is withdrawn. Other Prohibitions and Exclusions -
Responsible authority:
Freiwilliges System beziehungsweise Zertifizierungsstelle
Source reference:
Article 10(4)(b)
Source excerpt:
in the case of major non-conformities, economic operators applying for certification shall not be issued a certificate. Major non-conformities identified during surveillance or re-certification audits, or through a voluntary scheme’s internal monitoring or complaints process, shall lead to the immediate suspension of the economic operator’s certificate. Where economic operators do not provide a remedy for any major non-conformities within 90 days from notification, the certificate shall be withdrawn;
Companies with suspended certificates may not make sustainability claims or join another voluntary scheme during the suspension. Prohibition of Sales -
Responsible authority:
Freiwilliges System
Source reference:
Article 4(2)
Source excerpt:
Economic operators whose certificates are suspended, shall not be able to make sustainability claims until the suspension has been lifted. Suspended operators may not join another voluntary scheme during that period.
Companies and certification bodies that fail or are unwilling to comply with the cooperation and information requirements towards the Commission and Member States are excluded from participating in, or conducting audits under, voluntary schemes. Other Prohibitions and Exclusions -
Responsible authority:
Freiwilliges System
Source reference:
Article 17(7)
Source excerpt:
Economic operators and certification bodies failing or unwilling to comply with the requirements set out in paragraphs 1 to 6 of this Article shall be respectively excluded from participating in and conducting audits under voluntary schemes.
For minor non-conformities, the voluntary scheme may set a resolution period not exceeding 12 months from notification and until the next surveillance or recertification audit. Other -
Responsible authority:
Freiwilliges System
Source reference:
Article 10(4)(c)
Source excerpt:
in the case of minor non-conformities, voluntary schemes may define the time period for their resolution, not exceeding 12 months from their notification and the date of next surveillance or re-certification audit.

Milestones

Date Type Description
1818-08-15 Application Start Application starts 18 months after entry into force.
Source reference:
Article 28
Source excerpt:
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.It shall apply from 18 months after its entry into force.
3202-08-15 Entry into Force Entry into force on the third day following publication in the Official Journal of the European Union.
Source reference:
Article 28
Source excerpt:
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.It shall apply from 18 months after its entry into force.

Linked regulations

Type Regulation
Implements Renewable Energy Directive II
Cites Renewable Energy Directive II