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 (Text with EEA relevance)
Commission Implementing Regulation (EU) 2022/2448of 13 December 2022on 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(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 sourcesOJ L 328, 21.12.2018, p. 82., and in particular Article 29(8) thereof,Whereas:(1)Directive (EU) 2018/2001 lays down new sustainability criteria for forest biomass used for the production of energy, in order for the latter to be accounted against European targets and national contributions, be part of renewable energy obligations stemming from Articles 23 and 25, and to be eligible for public support. Moreover, Directive (EU) 2018/2001 requires Member States to consider the available sustainable supply of biomass and take due account of the principles of the circular economy and of the waste hierarchy established in Directive 2008/98/EC of the European Parliament and of the CouncilDirective 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3). when developing support schemes for renewable energy, in order to avoid unnecessary distortions of raw materials markets.(2)In this context, forest biomass used for the production of energy is to be considered sustainable if it fulfils the sustainability criteria laid down in Article 29(6) and (7) of Directive (EU) 2018/2001, which deal respectively with forest harvesting and emissions from land use, land-use change and forestry (LULUCF).(3)To ensure coherence between the objectives of Directive (EU) 2018/2001 and the Union’s environmental legislation and a robust and harmonised implementation of the new sustainability criteria for forest biomass by Member States and economic operators, Directive (EU) 2018/2001 requires the Commission to adopt implementing acts establishing operational guidance on the evidence for demonstrating compliance with these criteria.(4)To minimise the risk of using forest biomass that is not compliant with the sustainable harvesting criteria, economic operators should carry out a risk-based assessment, building on existing sustainable forest management legislation, including monitoring and enforcement systems, in force in the country of origin of the forest biomass. To that end, the harvested forest biomass should be subject to national and sub-national laws and regulations that meet the harvesting criteria laid down in point (a) of Article 29(6) of Directive (EU) 2018/2001. Economic operators should also assess whether there are monitoring and enforcement systems, and whether there is no evidence of significant lack of enforcement of the relevant national or sub-national laws. To that end, economic operators should use legal assessments and reports prepared by the European CommissionSuch as the project "REDIIBIO. Technical Assistance for the preparation of the guidance for the implementation of the new bioenergy sustainability criteria set out in the revised Renewable Energy Directive, 2021"., international or national governmental organisations, including information provided by non-governmental and scientific forest expert organisations. The risk-based assessment should also take account of any relevant on-going infringement procedures launched by the Commission, which are reflected in the publicly available infringements database of the Commission, and consider any relevant infringement rulings of the Court of Justice of the European Union as evidence of lack of enforcement.(5)Where there is no evidence of compliance at the national level with one or more of the harvesting criteria laid down in point (a) of Article 29(6) of Directive (EU) 2018/2001, forest biomass should be considered high-risk. In such cases, economic operators should provide more detailed evidence that the harvesting criteria set out in point (b) of Article 29(6) of Directive (EU) 2018/2001 are complied with, through management systems at the sourcing area level. In that respect, it is necessary to establish in more detail the evidence of sustainability which should be provided by economic operators through management systems at forest sourcing area level, when compared to that required under the national and sub-national compliance assessment. That will ensure that the harvesting criteria are effectively met, in particular the criteria on forest regeneration, conservation of protected areas, minimisation of harvesting impacts on soil quality and biodiversity, and on the maintenance or improvement of the forest’s long-term production capacity.(6)To ensure that biogenic emissions and removals associated with forest biomass harvesting are correctly accounted for, it is necessary that the forest biomass meets the LULUCF criteria at national level. In particular, the country or regional economic integration organisation from which the biomass is sourced should be a party to the Paris Agreement. In addition, the relevant country, or regional economic integration organisation, should have submitted a National Determined Contribution (NDC), in the context of the Paris Agreement, covering emissions and removals from land use, agriculture and forestry, which ensures that changes in carbon stock associated with biomass harvest are accounted towards the country or regional economic integration organisation’s commitment to reduce or limit greenhouse gas emissions, as specified in the NDC. Alternatively, it should have national or sub-national legislation, applicable to the area of harvest, to conserve and enhance carbon stocks and sinks. In addition, evidence should be provided that the reported LULUCF-sector emissions do not exceed removals and that forest carbon sinks are maintained or strengthened over a relevant reference period.(7)Where compliance with the LULUCF criteria laid down in point (a) of Article 29(7) of Directive (EU) 2018/2001 cannot be demonstrated, it is necessary that economic operators provide additional evidence of the existence of management systems at the sourcing area level, in order to ensure that both forest carbon stocks and sinks levels are maintained, or strengthened, in the long term. Such systems should include, at least, information from forward-looking planning and periodic monitoring of the development of the forest carbon stocks and sinks at the forest sourcing area level.(8)In order to ensure a robust verification of the new sustainability criteria on forest biomass, the information provided by economic operators should be transparent, accurate, reliable and protected against fraud, and economic operators should be able to rely on reliable certification rules. Those rules should take into account the role of voluntary national or international certification schemes, recognised by the Commission, pursuant to paragraph 4 of Article 30 of Directive (EU) 2018/2001.(9)In order to minimise administrative burden, Member States should facilitate the work of economic operators by making available data, including spatial data and inventories, for planning and monitoring purposes.(10)The measures provided for in this Regulation are in accordance with the opinion of the Committee on the Sustainability of Biofuels, Bioliquids and Biomass fuels,HAS ADOPTED THIS REGULATION: