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Directive 2009/28/EC of the European Parliament and of the CouncilShow full title

Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (Text with EEA relevance)

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EU Directives are being published on this site to aid cross referencing from UK legislation. After IP completion day (31 December 2020 11pm) no further amendments will be applied to this version.

C. Methodology U.K.

1.Greenhouse gas emissions from the production and use of transport fuels, biofuels and bioliquids shall be calculated as:U.K.

E = eec + el + ep + etd + eu esca eccs eccr eee ,

where

E

=

total emissions from the use of the fuel;

eec

=

emissions from the extraction or cultivation of raw materials;

el

=

annualised emissions from carbon stock changes caused by land-use change;

ep

=

emissions from processing;

etd

=

emissions from transport and distribution;

eu

=

emissions from the fuel in use;

esca

=

emission saving from soil carbon accumulation via improved agricultural management;

eccs

=

emission saving from carbon capture and geological storage;

eccr

=

emission saving from carbon capture and replacement; and

eee

=

emission saving from excess electricity from cogeneration.

Emissions from the manufacture of machinery and equipment shall not be taken into account.

2.Greenhouse gas emissions from fuels, E, shall be expressed in terms of grams of CO2 equivalent per MJ of fuel, gCO2eq/MJ.U.K.

3.By derogation from point 2, for transport fuels, values calculated in terms of gCO2eq/MJ may be adjusted to take into account differences between fuels in useful work done, expressed in terms of km/MJ. Such adjustments shall be made only where evidence of the differences in useful work done is provided.U.K.

4.Greenhouse gas emission saving from biofuels and bioliquids shall be calculated as:U.K.

SAVING = (EF EB )/EF ,

where

EB

=

total emissions from the biofuel or bioliquid; and

EF

=

total emissions from the fossil fuel comparator.

5.The greenhouse gases taken into account for the purposes of point 1 shall be CO2, N2O and CH4. For the purpose of calculating CO2 equivalence, those gases shall be valued as follows:U.K.

CO2

:

1

N2O

:

296

CH4

:

23

6.Emissions from the extraction or cultivation of raw materials, eec, 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.U.K.

[F17. 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: U.K.

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

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 of biofuel or bioliquid energy (megajoules)). Cropland’(2) and perennial cropland’(3) 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 the earlier;

P

=

the productivity of the crop (measured as biofuel or bioliquid energy per unit area per year) and

e B

=

bonus of 29 gCO 2eq /MJ biofuel or bioliquid if biomass is obtained from restored degraded land under the conditions provided for in point 8.]

8.The bonus of 29 gCO2eq/MJ shall be attributed if evidence is provided that the land:U.K.

(a)

was not in use for agriculture or any other activity in January 2008; and

(b)

falls into one of the following categories:

(i)

severely degraded land, including such land that was formerly in agricultural use;

(ii)

heavily contaminated land.

The bonus of 29 gCO2eq/MJ shall apply for a period of up to 10 years from the date of conversion of the land to agricultural use, provided that a steady increase in carbon stocks as well as a sizable reduction in erosion phenomena for land falling under (i) are ensured and that soil contamination for land falling under (ii) is reduced.

9.The categories referred to in point 8(b) are defined as follows:U.K.

(a)

‘severely degraded land’ means land that, for a significant period of time, has either been significantly salinated or presented significantly low organic matter content and has been severely eroded;

(b)

‘heavily contaminated land’ means land that is unfit for the cultivation of food and feed due to soil contamination.

Such land shall include land that has been the subject of a Commission decision in accordance with the fourth subparagraph of Article 18(4).

10.The Commission shall adopt, by 31 December 2009, guidelines for the calculation of land carbon stocks drawing on the 2006 IPCC Guidelines for National Greenhouse Gas Inventories — volume 4. The Commission guidelines shall serve as the basis for the calculation of land carbon stocks for the purposes of this Directive.U.K.

11.Emissions from processing, ep , shall include emissions from the processing itself; from waste and leakages; and from the production of chemicals or products used in processing.U.K.

In accounting for the consumption of electricity not produced within the fuel production plant, the greenhouse gas emission intensity of the production and distribution of that electricity shall be assumed to be equal to the average emission intensity of the production and distribution of electricity in a defined region. By derogation from this rule, producers may use an average value for an individual electricity production plant for electricity produced by that plant, if that plant is not connected to the electricity grid.

12.Emissions from transport and distribution, etd , shall include emissions from the transport and storage of raw and semi-finished materials and from the storage and distribution of finished materials. Emissions from transport and distribution to be taken into account under point 6 shall not be covered by this point.U.K.

13.Emissions from the fuel in use, eu , shall be taken to be zero for biofuels and bioliquids.U.K.

14.Emission saving from carbon capture and geological storage eccs , that have not already been accounted for in ep , shall be limited to emissions avoided through the capture and sequestration of emitted CO2 directly related to the extraction, transport, processing and distribution of fuel.U.K.

15.Emission saving from carbon capture and replacement, eccr , shall be limited to emissions avoided through the capture of CO2 of which the carbon originates from biomass and which is used to replace fossil-derived CO2 used in commercial products and services.U.K.

16.Emission saving from excess electricity from cogeneration, eee , shall be taken into account in relation to the excess electricity produced by fuel production systems that use cogeneration except where the fuel used for the cogeneration is a co-product other than an agricultural crop residue. In accounting for that excess electricity, the size of the cogeneration unit shall be assumed to be the minimum necessary for the cogeneration unit to supply the heat that is needed to produce the fuel. The greenhouse gas emission saving associated with that excess electricity shall be taken to be equal to the amount of greenhouse gas that would be emitted when an equal amount of electricity was generated in a power plant using the same fuel as the cogeneration unit.U.K.

17.Where a fuel production process produces, in combination, the fuel for which emissions are being calculated and one or more other products (co-products), greenhouse gas emissions shall be divided between the fuel or its intermediate product and the co-products in proportion to their energy content (determined by lower heating value in the case of co-products other than electricity).U.K.

18.For the purposes of the calculation referred to in point 17, the emissions to be divided shall be eec + el + those fractions of ep , etd and eee that take place up to and including the process step at which a co-product is produced. If any allocation to co-products has taken place at an earlier process step in the life-cycle, the fraction of those emissions assigned in the last such process step to the intermediate fuel product shall be used for this purpose instead of the total of those emissions.U.K.

In the case of biofuels and bioliquids, all co-products, including electricity that does not fall under the scope of point 16, shall be taken into account for the purposes of that calculation, except for agricultural crop residues, including straw, bagasse, husks, cobs and nut shells. Co-products that have a negative energy content shall be considered to have an energy content of zero for the purpose of the calculation.

Wastes, agricultural crop residues, including straw, bagasse, husks, cobs and nut shells, and residues from processing, including crude glycerine (glycerine that is not refined), shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials.

In the case of fuels produced in refineries, the unit of analysis for the purposes of the calculation referred to in point 17 shall be the refinery.

19.For biofuels, for the purposes of the calculation referred to in point 4, the fossil fuel comparator EF shall be the latest available actual average emissions from the fossil part of petrol and diesel consumed in the Community as reported under Directive 98/70/EC. If no such data are available, the value used shall be 83,8 gCO2eq/MJ.U.K.

For bioliquids used for electricity production, for the purposes of the calculation referred to in point 4, the fossil fuel comparator EF shall be 91 gCO2eq/MJ.

For bioliquids used for heat production, for the purposes of the calculation referred to in point 4, the fossil fuel comparator EF shall be 77 gCO2eq/MJ.

For bioliquids used for cogeneration, for the purposes of the calculation referred to in point 4, the fossil fuel comparator EF shall be 85 gCO2eq/MJ.

(1)

[F1The 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.]

(2)

[F1Cropland as defined by IPCC.]

(3)

[F1Perennial crops are defined as multi-annual crops, the stem of which is usually not annually harvested such as short rotation coppice and oil palm.]

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