EU regulation of biofuels

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1 EU regulation of biofuels Renske Giljam, LL.M. Groningen Centre of Energy Law The Netherlands

2 Overview Renewable energy framework EU Biofuels Questions & discussion

3 Renewable energy framework 20/20/20 Policy Renewable Energy Directive (2009/28/EC) Overall EU target 20% in 2020 o Individual targets range from 10% to 49% Gross consumption is sum of 1. electricity 2. heating and cooling 3. transport RES must be 10% of total

4 Energy use per sector (IEA 2009) 9% 27% 17% 47% Heating/Cooling Electricity Transport Non-energy use Weighted average: 50% RES in electricity = 10% RES in gross consumption

5 Biofuels regulation Sustainability criteria in RED Biofuels only count towards targets, if: GHG savings > 35% Not cultivated on vulnerable land o i.e. high biodiversity, carbon stock, peatland Irrespective of cultivation inside or outside EU o Within EU: good agricultural practice More lenient for advanced biofuels + double counting

6 Calculating GHG emissions Default values for 24 production pathways Actual values for all others Expressed in grams of CO2 per MJ of fuel Methodology impacts GHG performance Role of fossil fuel comparator Assumptions & uncertainties

7 Biofuels: Challenges 1st generation: Fuel vs. food ILUC emissions Land grabbing Criteria do not apply to solid biomass So applicable to only 3% of all energy uses Final use determines sustainability requirements

8 Fuel vs. food

9 DLUC and ILUC FOREST FOREST FOREST FARMLAND FARMLAND FARMLAND FUEL CROPS FUEL CROPS FARMLAND No biofuel crops Biofuel crops: DLUC Biofuel crops: ILUC

10 RA Giljam, Towards a Holistic Approach in EU Biomass Regulation, (2016) 28(1) J Env L forthcoming (OUP) faculty of law

11 Concluding remarks 20% RES in 2020 At least 10% in transport Sustainability criteria for biofuels Still some challenges Calculation methods crucial

12 Suggestions for discussion What are advanced biofuels? Are the calculations correct? Assumptions? All inclusive? How to deal with sustainability challenges?

13 Total GHG emissions The total of GHG emissions from use of a biofuel is: The emissions from the cultivation of raw materials + annualised emissions from carbon stock changes caused by land-use change + emissions from processing + from transport and distribution + emissions from the fuel in use; MINUS emission saving from soil carbon accumulation via improved agricultural management - emission saving from carbon capture and geological storage - emission saving from carbon capture and replacement - emission saving from excess electricity from cogeneration.

14 Emissions from cultivation Emissions from cultivation of raw materials shall include emissions from the extraction or cultivation process itself; from the collection of raw materials; from waste and leakages; and from the production of chemicals or products used in extraction or cultivation. Capture of CO2 in the cultivation of raw materials shall be excluded. Certified reductions of greenhouse gas emissions from flaring at oil production sites anywhere in the world shall be deducted. Estimates of emissions from cultivation may be derived from the use of averages calculated for smaller geographical areas than those used in the calculation of the default values, as an alternative to using actual values.

15 Land-use changes Emissions from carbon stock changes caused by land-use change are divided equally over 20 years There is a bonus for using certain types of severely degraded and heavily contaminated land

16 Thank you for your attention

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