rediibio project 2 stakeholder workshop...clean energy for all europeans • land criteria: biofuels...

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REDIIBIO PROJECT

2ND STAKEHOLDER WORKSHOP

REDIIBIO PROJECT

25TH JUNE 2020

WEBINAR


• Please mute yourself when you are not speaking

• Please switch video off

• If you have a question, please post this question in the chat box. After each

section, the presenter will go through the questions and feedback as posted

in the chat

• The slides will be distributed after the workshop

• There is a consultation period after this meeting, so for more questions and

feedback you can contact us (instructions follow at the end of the

presentation)

HOUSEKEEPING RULES


14:10

14:45

15:00

• Introduction

• Wastes and residue criterion

o Approaches

o Essential practices

• Highly biodiverse criterion

o Definitions

o Legal text

o Approach

o Decision trees

• Case-studies

o Process & methodology

o Findings

• Concluding remarks and next steps

• End of workshop

• Demonstrating compliance

• Sustainable Harvesting Criteria

o Legal text and main concepts

o Present Level A route

o Present Level B route

• LULUCF criteria

o Legal text and main concepts

o Present Level A route

o Present Level B route

• Country sheets


o Remarks on the process

• Case-studies


o Findings

• Concluding remarks and next steps

Agricultural biomass sustainability criteriaForest biomass sustainability criteria

AGENDA – REDIIBIO 2ND STAKEHOLDER WORKSHOP

• Introduction by EC

• Introduction to the project

16:15

16:45

17:30

17:45

CLEAN ENERGY FOR ALL EUROPEANS

Implementation of the REDII

Bioenergy Sustainability Criteria

Giulio Volpi

Renewables and CCS Policy

Directorate General Energy

European Commission


BIOENERGY: LARGEST RENEWABLE ENERGY SOURCE

Bioenergy share of EU renewables in 2018 • Bioenergy covers currently over 60%

of the EU renewable energy mix

• Main use is in the heating sector, but growing in electricity/transport

• Many advantages: energy security, dispachability, competitiveness, jobs and growth, and GHG reductions in hard-to-decarbonize sectors

• BUT ensuring sustainability is key:

• Avoiding direct/indirect land use change impacts

• Ensuring optimal GHG emission savings along the supply chain

• Promoting resource efficiency


• LAND CRITERIA: biofuels cannot come from land with:

• High biodiversity (primary forest, protected areas etc.)

• High carbon stock (peatland etc.)

• GHG SAVING CRIETRIA: biofuels need to save at least 35% compared to fossil fuels, increasing to 50% in 2018

- ILUC Directive: 7% cap on food & feed crop-based biofuels

- No EU sustainability criteria for biomass and biogas in heat & power

GHG GHG GHG

EU BIOFUELS SUSTAINABILITY CRITERIADIRECTIVE 2009/28/EC (RED)


7

3. GHG EMISSION SAVINGS CRITERIA

✓ At least -65% for new biofuels/biogas for transport plants

✓ At least -70% for biomass/biogas for new heat & power plants (-80% in 2026)

Lan

d

crit

eria

2. FOREST BIOMASS CRITERIA

Risk-based criteria aimed at:

✓ Minimizing unsustainability harvesting✓ Addressing LULUCF emissions

En

d-u

se c

rit

eria

4. ENERGY EFFICIENCY CRITERIA FOR BIOPOWER PLANTS (50 MW)

✓ 50-100 MW: highly efficient CHP or Best Available Technique standards

✓ Above 100 MW: highly efficient CHP or at least 36% electrical efficiency

✓ Bio- CCS (Carbon Capture and Storage)

1 AGRICULTURE BIOMASS CRITERIA

✓ No go areas: carbon & biodiversity rich land, including highly biodiverse forests

✓ Agricultural waste & residues: avoidance of soil carbon and quality impacts

EU BIOENERGY SUSTAINABILITY CRITERIA POST-2020DIRECTIVE 2018/2001/EU (REDII)

Other relevant policies: LULUCF Regulation, EU ETS, Common Agriculture Policy, Ecodesign Regulation, Air Quality legislation

etc.


8

IMPLEMENTATION OF THE EU SUSTAINABILITY CRITERIA (REDII, ART 29)

Consequence of the sustainability criteria

❑ Member States are responsible to implement the EU sustainability criteria inorder for biofuels, bioliquids and biomass fuels to:

✓ Count towards the EU renewables target and the Member States’renewable energy contributions and sectorial target

✓ Be used for compliance with sectorial renewables targets & obligation✓ Be eligible for financial support by Member States (tax exemption,

blending obligations etc.)

Scope of the sustainability criteria

❑ Land criteria apply to all agricultural and forest biomass

o Exemptions: they do not apply to processing residues (e.g. saw-dust) or waste (e.g. wood waste)

❑ GHG criteria apply to all biofuel plants, and to new biomass-based heat & power plants (equal/above 20MW for solid biofuels and 2MW for biogas)

❑ Energy efficiency criteria apply only to large-scale bioelectricity installations (above 50 MW)


9

VERIFICATION OF THE EU SUSTAINABILITY CRITERIA (REDII, ART. 30)

❑ Member States are responsible for the verification of the EU sustainability criteria

❑ The sustainability evidence provided by economic operators shall be reliable and third-party audited

❑ Economic operators are required to use a ‘mass balance’ chain of custody system

o For the forest biomass criteria - level A, economic operators can use 1st or 2nd party auditing up to the 1st gathering point, e.g. the woodpellet plant

❑ Two options for economic operators to demonstrate sustainability compliance:

✓ Providing the relevant national authority with data/evidence under a national system

✓ Using voluntary schemes recognised by the Commission. Currently 14 biofuel and bioliquid voluntary schemes. Post-2020 the Commission can additionally recognise voluntary schemes for biomass fuels in heat and power


10

NEW RISK-BASED CRITERIA ON FOREST BIOMASS(REDII, article 29.6-7)

Harvesting criteria

A) Forest biomass comes from countries with national/regional laws & monitoring systems ensuring:

1) Legality of harvesting 2) Forest regeneration3) Protected areas4) Maintenance of soil quality and

biodiversity5) Maintenance/improvement of

long-term production capacity

B) Management systems in place at forest sourcing area level ensuring: ✓ compliance with the above 5

harvesting

LULUCF criteria

A) Forest biomass is sourced from countries members of the Paris Agreement andi. NDC accounting for LULUCF

emissions/removals, ensuring that biomass emissions/removals are accounted against climate target, or

ii. Legislation to conserve/ enhance carbon stocks/sinks & reported LULUCF emissions do not exceed removals

B) Management systems in place at forest sourcing area level ensuring that:✓ forest carbon stocks/sinks levels are

maintained, or strengthened, over the long-term

Economic operators are required to demonstrate compliance with the following risk-based criteria, no positive lists adopted by the Commission


11

IMPLEMENTING ACT ON FOREST BIOMASS CRITERIA (REDII ART. 29.8)

❑ REDII requires the Commission to adopt an implementing act establishing operational guidance on the evidence for demonstrating compliance with the forest biomass criteria, by 31 January 2021 at the latest

❑ Implementing acts set out rules to make sure EU countries implement laws in the same way; they do not add or amend non-essential aspects of existing laws (i.e. delegated acts)

❑ Process for adopting the Implementing Act on forest biomass:

✓ Research and consultation, including through the REDIIBIO project (2nd half 2019- 1st half 2020)

✓ Consultation of the REDII Committee on the Sustainability of Biofuels, Bioliquids and Biomass fuels: ongoing

✓ Public feedback period on draft Implementing Act: fall 2020

✓ Commission formal adoption: by end of 2020


12

RECOGNITION OF VOLUNTARY SCHEMES (REDII ART. 30.4)

❑ REDII empowers the European Commission to recognize voluntary schemes (i.e. certification schemes) that demonstrate compliance with the EU bioenergy sustainability criteria

❑ There are currently 14 biofuel and bioliquid voluntary schemes recognised by the Commission. Post-2020 the Commission may additionally recognise voluntary schemes for biomass fuels in heat and power

❑ REDII requires also the Commission to adopt an implementing act establishing new standards for voluntary schemes

❑ Process for recognizing the voluntary schemes under REDII:

✓ Publication of the Commission Assessment Template and call for interest (July 2020) – check DG ENER website

✓ Assessment of applications, adjustment of the schemes to reflect the adopted implementing acts (2nd half of 2020 – 1st half of 2021)

✓ Recognition of the schemes for REDII (mid 2021)


13 #EnergyUnion

Thank you for your attention!

Contact: [email protected]://ec.europa.eu/energy/topics/renewable-energy_en

mailto:[email protected]

https://ec.europa.eu/energy/topics/renewable-energy_en


• The objective of this project is to contribute to an

efficient and effective implementation by the EU

Member States of the new REDII sustainability criteria.

REDIIBIO PROJECT

Project partners:


• To present the results of the REDIIBIO project, answer stakeholder questions and

receive stakeholder feedback

• The project results include:

– Approach to demonstrate compliance to forest sustainability criteria

– Approach to demonstrate compliance to new agricultural sustainability criteria

– Country sheets

– Case-studies

• After each section, there is room for questions and feedback from your side

• Consultation documents will be published following today’s workshop

(Monday 29th June).

THE OBJECTIVE OF THIS MEETING


FOREST

BIOMASS

SUSTAINABILITY

CRITERIA


• Minimise the risk of using forest biomass derived from unsustainable production at

sourcing level (REDII Article 29.6):

• the legality of harvesting operations

• forest regeneration of harvested areas

• protection of areas designated for nature protection purposes, including in

wetlands and peatlands

• maintenance of soil quality and biodiversity

• that harvesting maintains or improves the long-term production capacity of

the forest.

• Addressing LULUCF emissions/removals (REDII Article 29.7):

• is a Party to the Paris Agreement, and

• has submitted a nationally determined contribution (NDC) to the United

Nations Framework Convention on Climate Change (UNFCCC), or

• has national or sub-national laws in place, to conserve and enhance carbon

stocks and sinks, and providing evidence that reported LULUCF-sector

emissions do not exceed removals

FOREST BIOMASS REDII CRITERIA: SUSTAINABLE HARVESTING

& LULUCF CRITERIA


• Forest biomass sustainability criteria apply to forest biomass used for the production

of biofuels, bioliquids, solid and gaseous biomass fuels consumed in the EU*:

– This includes logging residues (e.g. branches, tree-tops, stem parts, small-diameter trees),

stumps and roots, which are directly generated by forestry.

• The forest sustainability criteria do not apply to:

– Processing residues from forest-based industries (e.g. saw dust)

– Wood wastes

– Installations with total rated thermal input lower than 20MW in the case of solid biomass

fuels lower than 2MW for gaseous biomass fuels

• Please note that the EU Timber Regulation always needs to be complied with,

irrespective of the compliance with REDII forest biomass sustainability criteria

*Counted towards the RE targets or eligible for financial support

APPLICABILITY OF FOREST BIOMASS REDII CRITERIA


Assessment required on forest biomass for sustainability and LULUCF criteria: Continue to Figure 5

Biomass concerns waste and residues originating directly as a result of forestry operations

Biomass concerns waste and residues originating as a byproduct from wood processing industries or concerns end-of-life wood-based materials

Biomass type check

Biomass originates directly from forestry operations and does not concern waste and residues

Biomass originates from forest

yes

no

no

yes

yes

yes

Bioenergy facility check

Your facility is one of the following:- Installation producing electricity, heating and cooling or fuels with a total rated

thermal input equal to or exceeding 20 MW in the case of solid biomass fuels- Installation producing electricity, heating and cooling or fuels with a total rated

thermal input equal to or exceeding 2MW in the case of gaseous biomass fuels

No assessment required on forest biomass for sustainability and LULUCF criteria ; EUTR compliance to be ensured for first operators (HS4401)

no

yes

no

no

WHEN IS COMPLIANCE WITH CRITERIA REQUIRED?


• To demonstrate compliance economic operators submit third-party audited information:

– National (governmental) schemes set up by Member States, or

– Voluntary (market-based) schemes that have been recognised by the EC

• A risk-based approach has been taken for forest biomass – Compliance can be

demonstrated either on (sub)national level (level A – in case of low risk countries) or at

forest sourcing area level (level B). For every criterion, if level A evidence is not

available, level B evidence is required

• Both Level A as well as Level B compliance are to be verified by third party (no list of

high/low risk countries to be maintained by the EC)

HOW TO COMPLY? THE BASIC PROCESS


• The REDII requires a mass balance chain of custody system to be used to trace sustainability

information down the value chain to demonstrate compliance

• At each step in the chain, material with different sustainability characteristics can be

physically mixed, as long as material sold has the same sustainability characteristics overall

as the material that was taken in, i.e. units in = units out (taking into account any conversion

factors).

• Sustainability characteristics can be allocated in a flexible manner to material taken out of the

mixture, within certain guidelines, e.g. “product group”

HOW TO COMPLY? THE BASIC PROCESS – THE MASS BALANCE


• REDII definition of mass balance (Article 30(1)) includes some “must haves”

• Mass balance must operate at a site level (a)

• Information must remain assigned to the mixture (c) and balance must be achieved over an

appropriate period of time (d) -> In practice this has been interpreted to mean that the

economic operator must “balance” their system at a minimum every 3 months and can only

carry over a quantity of sustainability characteristics equivalent to the amount of physical stock

HOW TO COMPLY? THE BASIC PROCESS – THE MASS BALANCE


• Based on the REDIIBIO outcomes, the Commission will draft and publish an

Implementing Act detailing the operational guidance on forest biomass criteria

– To be drafted/reviewed fall 2020 with final implementation before 31st of January 2021

• Once operation guidance is published, voluntary schemes can apply for recognition

against the criteria. The process in short:

– Technical assessment performed on behalf of DG ENER

– Consultation with other DGs (Inter-service consultation)

– Consultation with Member States (Committee on the Sustainability of Biofuels and Bioliquids)

– Approval by the Commission

• Recognition of schemes planned by spring 2020

• Member States are responsible for the implementation of the sustainability criteria

by July 2021*

* Both the ‘Land Criteria’ (e.g. sustainable harvesting and LULUCF) as well as the ‘End-use Criteria’ (efficiency

and GHG emissions savings criteria)

HOW TO COMPLY? THE BASIC PROCESS

FOREST BIOMASS

SUSTAINABILITY

CRITERIA

• Legal text

• Level A

• Level B

Harvesting criterion

• Legal text

• Level A

• Level B

LULUCF criterion

• Introduction

• Methodology

• Remarks on the process

Country sheets

• Introduction

• Methodology


• Q&A on forest biomass sustainability criteria

Case-studies


HARVESTING CRITERIA (REDII ARTICLE 29.6) - LEGAL TEXT


Regeneration

Legality

HARVESTING CRITERIA - LEVEL A - STEPWISE APPROACH

no

29.6(i)a Compliance with EU

Timber Regulation (EUTR)

ensures negligible risk of illegally

harvested timber or products

derived from such timber being

placed on the market.

29.6(ii)a National laws, monitoring and enforcement are in place to ensure forest regeneration of harvested areas

29.6(ii)b Management system is in place to ensure at forest sourcing area level that harvested areas are regenerated

yes

no

yes

yes

no

(continues on the next slide) Not compliant


Long-term Production

Capacity

Soil & Biodiversity

Protection

Designated areas

HARVESTING CRITERIA - LEVEL A – STEPWISE APPROACH

29.6(iii)a National laws, monitoring and enforcement are in place to ensure the protection protected areas

29.6(iv)a National laws, monitoring and enforcement are in place to ensure that harvesting is done minimized negative impacts on soil quality and biodiversity

29.6(v)a National laws, monitoring and enforcement are in place to ensure that harvesting maintains or improves the long-term production capacity of the forest

29.6(iii)b Management system is in place to ensure the protection of designated areas at forest sourcing area level, or that evidence is provided that harvesting of raw material does not interfere with the nature protection purpose

29.6(iv)b Management system is in place to ensure at forest sourcing area levelthat measures are taken to minimize negative impacts from harvesting on soil quality and biodiversity

29.6(v)b Management system is in place to ensure at forest sourcing area level that harvesting maintains or improves the long-term production capacity of the forest

Compliant

no

yes

yes

yes

yes

yes

yes

no

no

no

no

Not compliant

no


HARVESTING CRITERIA - LEVEL A – CHECKLIST OF PROOFS

REDII

CriteriaRequirement Type of proof Possible information sources

Harv

es

tin

g le

ga

lity Laws

• Certificate of due diligence required under the EU Timber

Regulation (EUTR, (EU) 995/2010)

• Legislation in the area of forestry from national legislation

databases or from the UN-FAO FAOLEX database, policies and

bilateral agreements on environment, forestry, land & soil,

agriculture and natural resources management

Monitoring &

Enforcement

• Proof that there is no evidence from national or international

governmental organizations that there is significant and continued

lack of enforcement

• The UNEP-WCMC briefing notes on EUTR implementation

• Proof that the relevant Member States is not subject to any on-going

EU infringement procedure for non-compliance with the EUTR• EU infringement procedures from EU website

Fo

res

t re

ge

ne

rati

on

Laws• Legal analysis showing that the relevant legislation complies with

the forest regeneration criteria. • Legislation as above (1st box)

Monitoring &

enforcement

• Legal analysis showing that the relevant forest legislation includes

monitoring and enforcement requirements for forest regeneration. • Legislation as above (1st box)



lack of enforcement

• UNEP-WCMC briefing notes

Pro

tec

ted

are

as

Laws• Legal analysis showing that the relevant legislation complies with

the protect areas requirement

• Legislation (as in 1st box)

• EEA Common Database on Designated Areas

• World Database on Protected Areas (WDPA)

Monitoring &

enforcement

• Legal analysis showing that the relevant forest legislation includes

monitoring and enforcement requirements for protected areas. • Legislation as above (1st box)



lack of enforcement

• The UNEP-WCMC briefing notes

• World Database on Protected Areas (WDPA), including reports on

the effective management of protected areas.


HARVESTING CRITERIA - LEVEL A – CHECKLIST OF PROOFS

REDII

CriteriaRequirement Type of proof Possible information sources

Ma

inte

na

nc

e o

f s

oil

qu

ali

ty a

nd

bio

div

ers

ity

Laws• Legal analysis showing that the relevant legislation complies with the maintenance of soil

quality and biodiversity criteria • Legislation as above (1st box)

Monitoring &

enforcement

• Legal analysis showing that the relevant forest legislation includes monitoring and

enforcement requirements for protected areas. • Legislation (as in 1st box)

• Proof that there is no evidence from national or international governmental organizations

that there is significant and continue lack of enforcement• The UNEP-WCMC briefing notes

Lo

ng

-te

rm p

rod

uc

tio

n c

ap

ac

ity

Laws• Legal analysis showing that the relevant legislation complies with the long-term production

capacity criteria • Legislation as above (1st box)

Monitoring &

enforcement

• Legal analysis showing that the relevant forest legislation includes monitoring and

enforcement requirements for long-term production capacity• Legislation as above (1st box)

• Proof that there is no evidence from national or international governmental organizations

that there is significant and continue lack of enforcement• The UNEP-WCMC briefing notes


Management system

• Information management system run by an economic operator to demonstrate that

biomass sourcing is in compliance with the sustainability criteria at forest sourcing

area level defined in Articles 29.6(b) and 29.7(b)

– necessary to demonstrate compliance;

– used to collect, verify, assess and store data;

– needs to be accurate, reliable and protected against fraud

• Includes all criteria and makes reference to the information sources that are

checked to demonstrate compliance

HARVESTING CRITERIA - LEVEL B – KEY DEFINITIONS


Forest sourcing area

• As “the geographically defined area from which the forest biomass feedstock is

sourced, from which reliable and independent information is available and where

conditions are sufficiently homogeneous to evaluate the risk of the sustainability and

legality characteristics of the forest biomass“ (Article 2.30 of REDII)

• This definition implies:

– A “geographically defined area”;

– “From which reliable and independent information is available”;

– “Where conditions are sufficiently homogenous to evaluate the risk of the sustainability and

legality characteristics of the forest biomass”.

This definition does not refer to the size of the area, but rather to a sufficient level of

information for the respective area that is required


(CONTINUED)




(CONTINUED)


HARVESTING CRITERIA - LEVEL B – LEGALITY

STEPWISE APPROACH

Compliance with EUTR is required for all wood in the EU. The evidence

required for demonstrating compliance with EUT will then also cover level

B evidence for legality.


HARVESTING CRITERIA - LEVEL B – REGENERATION

STEPWISE APPROACH

Forest regeneration after harvest

Step 2: Supplier contracts require that forest area is regenerated before or after final felling or harvest, either through natural regeneration, planting and seeding, or coppice regrowth and that forest regeneration is done in a manner that ensures quantity and quality of next generation forest resources

yes

noStep 1.1: Forest biomass results from a final felling

Step 1.2: Forest biomass results from an intermediate thinning or felling or from a calamity (e.g. storm, fire, phytosanitary reason) and local regulation requires regeneration intervention

Compliant

yes

Not compliant

no

Step 1.3: Forest biomass results from a precommercial thinning or pruning of standing trees

No compliance required

yes

yes no

no


HARVESTING CRITERIA - LEVEL B - PROTECTED AREAS

STEPWISE APPROACH

Protected areas, including wetlands and peatlands

yes

Step 3: Supplier contracts require evidence of the implementation of measures specified in the condition statements

Compliant Not compliant

Step 1: The forest sourcing area includes areas designted by international or national law or by the relevant competent authorityfor nature protection purposes, including wetlands and peatlands

Step 2: Supplier contracts require the provision of condition statements from the relevant competent authority

Step 4: Supplier contracts require the provision of permissions for biomass removal in the protected areas including wetlands and peatlands, obtained from the relevant competent authority, if forest operations are resticted in the respective nature protection areas by legislation

no

no

no

yesno

yes

yes


HARVESTING CRITERIA - LEVEL B - SOIL AND BIODIVERSITY

STEPWISE APPROACH

Harvesting is carried out considering the maintenance of soil quality and

biodiversity with the aim of minimizing negative impacts

Compliant

Step 5: Supplier contracts require that harvesting operations take biodiversity attributes into consideration and minimize the impacts on such features [See Table item 12, below]

Step 6: Supplier contracts require proof that avoidable damage due to harvesting operations has not occurred, and that negative impacts due to harvesting operations have been minimized. [See Table item 13, below]

yes

Step 2: Supplier contracts require harvesting permission of the relevant competent authority in sensitive areas in the forest sourcing and confirmation of appropriate precautionary measures and harvesting procedures in these areasthrough operational instructions/reports. [See Table item 10, below]

Step 3: Biomass includes stumps or residues

Not compliant

no

no

no

no

no

Step 4: Supplier contracts require that evidence is provided, confirming that stumps or residues have not beenharvested inappropriately from poor or vulnerable soils. [See Table item 11, below]

Step 1: In the forest sourcing area poor or vulnerable soils exist [See Table item 9, below]

no

yes


HARVESTING CRITERIA - LEVEL B - LONG-TERM PRODUCTION

STEPWISE APPROACH

Long-term production capacity criteria

Step 5: In the forest sourcing area, average annual harvest levels exceeded the average net annual increment and because there is not sufficient evidence that sustainable harvesting criteria are fulfilled.

Step 2: Average annual harvested timber amounts do not exceed the average net annual increment (e.g. an average measured over a 5-year period)

Step 3: In the forest sourcing area, average annual harvest levels exceeded the average net annual increment in that area due toa) restructuring of even-aged woodlands b) habitat management or restoration for biodiversity c) a response to pests, diseases or storm damage.

yes

yes

yes

no

no

Step 4: In case exceptional higher harvest levels were required, permits/documents exist explicitly mention and justify this

no

Not compliantCompliant

yes

Step 1: Data regarding harvested wood amounts and net annual increments are existing in the forest sourcing area

no

yesno

FOREST BIOMASS

SUSTAINABILITY

CRITERIA

• Legal text

• Level A

• Level B


• Legal text

• Level A

• Level B

LULUCF criterion

• Introduction

• Methodology


Country sheets

• Introduction

• Methodology



Case-studies


LULUCF CRITERIA (REDII ARTICLE 29.7) - LEGAL TEXT

Biofuels, bioliquids and biomass fuels produced from forest biomass taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1 shall meet the following land-use, land-use change and forestry (LULUCF) criteria:

(a) The country or regional economic integration organisation of origin of the forest biomass is a Party to the Paris Agreement and;

(i) Has submitted a nationally determined contribution (NDC) to the United Nations Framework Convention on Climate Change (UNFCCC), covering emissions and removals from agriculture, forestry and land use which ensures that changes in carbon stock associated with biomass harvest are accounted towards the country's commitment to reduce or limit greenhouse gas emissions as specified in the NDC; or

(ii) Has national or sub-national laws in place, in accordance with Article 5 of the Paris Agreement, applicable in the area of harvest, to conserve and enhance carbon stocks and sinks, and providing evidence that reported LULUCF-sector emissions do not exceed removals;

(b) Where evidence referred to in point (a) of this paragraph is not available, the biofuels, bioliquids and biomass fuels produced from forest biomass shall be taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1 if management systems are in place at forest sourcing area level to ensure that carbon stocks and sinks levels in the forest are maintained, or strengthened over the long term.


LULUCF CRITERIA – STEPWISE APPROACH

29.7a(i) Party to the Paris AgreementThe country or regional economic integration organization of origin of the forest biomass is a Party to the Paris Agreement

29.7a(ii) Relevant NDCThe country or regional economic integration organization of origin of the forest biomass has submitted a nationally determined contribution (NDC) to the United Nations Framework Convention on Climate Change (UNFCCC), covering emissions and removals from agriculture, forestry and land use which ensures that changes in carbon stock associated with biomass harvest are accounted towards the country's commitment to reduce or limit greenhouse gas emissions as specified in the NDC

29.7a(iii) Relevant national or sub-national lawsThe country or regional economic integration organization of origin of the forest biomass has national or sub-national laws in place, applicable in the area of harvest, to conserve and enhance carbon stocks and sinks, and providing evidence that reported LULUCF sector emissions to not exceed removals

Compliant (level A)

29.7b Management systemsManagement systems are in place at forest sourcing area level to ensure that carbon stocks and sinks levels in the forest are maintained, or strengthened over the long term

yes

no

Not compliant

yes no

no

yes

Compliant (level B)

yes

no

Level A

Level B


LULUCF CRITERIA - LEVEL A – CHECKLIST OF PROOFS

Criteria Proof of compliance

The country or regional economic integration

organisation of origin of the forest biomass:

1 is a Party to the Paris Agreement • The country or regional economic integration

organisation is listed as a Party to the Paris Agreement

2 has submitted a nationally determined contribution

(NDC) to the United Nations Framework Convention on

Climate Change (UNFCCC), covering emissions and

removals from agriculture, forestry and land use which

ensures that changes in carbon stock associated with

biomass harvest are accounted towards the country's

commitment to reduce or limit greenhouse gas emissions

as specified in the NDC

• Presence of a Nationally Determined Contribution in the

UNFCCC registry, submitted by the country or regional

economic integration organisation

• Emissions and removals by agriculture, forestry and land

use are included in the country’s or regional economic

integration organisation’s NDC

• Changes in carbon stock associated with biomass

harvest are considered as a separate target or integrated

into an economywide target in the NDC

3 has national or sub-national laws in place, in

accordance with Article 5 of the Paris Agreement,

applicable in the area of harvest, to conserve and

enhance carbon stocks and sinks, and providing

evidence that reported LULUCF-sector emissions do not

exceed removals

• Presence of national or sub-national laws to conserve

and enhance carbon stocks and sinks in forests

• Reported LULUCF-sector emissions for the country or

regional economic integration organisation do not exceed

removals


LULUCF CRITERIA - LEVEL B – STEPWISE APPROACH

• Recommended to consider also monitoring


Step B.1: Define the spatial boundaries of the compliance check

• Identify the geographically explicit area (as for harvest criteria)

Step B.2: Define relevant carbon pools

• Aboveground biomass

• Belowground biomass

• Litter

• Dead wood

• Soil organic carbon

Step B.3: Determine a historical reference period

• It is recommended to consider a period of 10 years

• It is recommended to consider a fixed reference period (e.g. 2000-2009)

LULUCF - LEVEL B - STEPWISE APPROACH


Step B.4: Describe forest management practices in a sourcing area for a

historical reference period

• Information needed on historical management practices to be able to quantify

carbon stocks and sinks of the sourcing area for the historical reference period

Step B.5: Quantify carbon stocks and sinks of the sourcing area for the

historical reference period

• Preferably using existing data on carbon stocks and sinks

• If not available, the economic operator will have to estimate mean carbon stocks

and sinks by applying forest carbon calculators and models

• When estimating, stratification is recommended to improve accuracy. Stratification

can be done based on:

– Administrative/legal conditions

– Biophysical conditions

– Forest characteristics

LULUCF - LEVEL B - STEPWISE APPROACH (CONTINUED)


Step B.6: Define the length of the future long-term period

• It is recommended to conduct a compliance check for a period of at least 30 years.

• The assessment period is not static and always forward looking

Step B.7: Describe forest management practices in a sourcing area for the

future long-term period

• Similar to step B4, but now future oriented

Step B.8: Quantify mean carbon stocks and sinks over the future long-term

period

• Similar to step B5, but now future oriented

Step B.9: Compare future carbon stocks and sinks with the historical reference

period

• If mean carbon stocks and sinks of a long-term period are higher or equal to mean

carbon stocks and sinks of a reference period -> compliant with LULUCF criterion

Suggestions for data and models/calculators are provided

LULUCF - LEVEL B - STEPWISE APPROACH (CONTINUED)

• Legal text

• Level A

• Level B


• Legal text

• Level A

• Level B

LULUCF criterion

• Introduction

• Methodology


Country sheets

• Introduction

• Methodology



Case-studies

FOREST BIOMASS

SUSTAINABILITY

CRITERIA


Objective: Legal analysis to assess if current national

and sub-national legislative frameworks meets the

sustainability criteria for forest biomass at level A.

Bear in mind:

• it is a ‘snapshot’, not a set of country sheets to be

maintained over time

• it will serve as input to improve guidance/checklist as

well as examples to see how the checklist is applied

• once the guidance is set, a verifier will assess if

countries comply at national level

• the sheets as currently developed have no legal value

Countries included in the country sheets (32):

– 27 EU MS

– USA*, Canada*, Ukraine, Russia, Belarus to follow

* Two states were assessed for those countries where forestry law is a state competency

COUNTRY SHEET - INTRODUCTION


COUNTRY SHEETS - METHODOLOGY

1. Develop common protected template to assess compliance with the forest biomass criteria (Evidence level A)

2. Test country sheet structure in two pilot countries (Canada and Hungary)

- Update country sheet structure based on results of the legal analysis of the two pilot countries

3. Train experts carrying out the legal analysis for each country(webinar and instruction document, followed up with 1-1 sessions when necessary)

4. Expert input gathered as part of a country sheet template

5. Review rounds with subsequent amendments

- by project consortium (checks on consistency, completeness, detail level and formatting)

- by the European Commission

- by Member States.


COUNTRY SHEETS - LEGALITY SUB-CRITERION


COUNTRY SHEETS - PROTECTED AREAS SUB-CRITERION


• Draft results

– 22 countries/states out of 34 comply on Level A for all forest sustainability criteria based on

the legal assessment carried out

• General comments

– National vs regional competence of forest legislation in a given country

– Boundary between what is legislated on and “national policies” which are not necessarily

binding

– Effectiveness of the law covering a sub-criteria

• Comments on the Harvesting criteria

– Soil quality and biodiversity maintenance sub-criteria

– Long-term production capacity vs forest regeneration sub-criteria

– Mention of enforcement and monitoring systems in the law

COUNTRY SHEETS - REMARKS ON THE DRAFT RESULTS

• Legal text

• Level A

• Level B


• Legal text

• Level A

• Level B

LULUCF criterion

• Introduction

• Methodology


Country sheets

• Introduction

• Methodology



Case studies

FOREST BIOMASS

SUSTAINABILITY

CRITERIA


Objective: ‘test’ the level B approach in a specific subnational settings outside of the

legislative framework.

Bear in mind:

• it is a ‘snapshot’, not a data set to be maintained over time

• it has no legal value

• desk-based with input of specific stakeholders (e.g. pellet producer)

• focuses on difference types of “evidence” other than the legislation (e.g.

management plans, supplier contracts, concessions)

Repartition:

• Harvesting criterion

– Ukraine, Russia & USA

• LULUCF criterion

– USA (not finalized)

CASE-STUDIES - INTRODUCTION


CASE-STUDIES - METHODOLOGY

7. Finalisation of case-studies

6. Stakeholder consultation

5. Commission review

4. Internal review (within the project team)

3. Preparation of the case studies, through desk-based research and analysis using the methodology developed by the Consortium

2. Identification of stakeholder (e.g. pellet producer)

1. Draft case study structure and guidance for experts preparing the specific case studies


Sustainable harvesting criteria:

• For several elements in the case studies, the information is currently not yet

included in supplier contracts. However, the required background information would

be available from forest owners, so this could be included in supplier contracts in the

future.

• Evidence that is mostly mentioned in the case studies are concessions or

declarations of compliance, forest management

• In some cases, additional effort (beyond including requirements on existing data

sources in supplier contracts) will be required. Examples are forest regeneration and

long-term production capacity (US) and forest regeneration and long-term

production capacity (Russia)

LULUCF criteria:

• There is currently no readily available database for operators to demonstrate the full

compliance with the LULUCF criteria. This will require adding a forward looking

modelling (which can be done based on existing calculators).

CASE-STUDIES - CONCLUDING REMARKS/FINDINGS


FOREST BIOMASS SUSTAINABILITY CRITERIA - Q&A


CONCLUDING REMARKS & NEXT STEPS

Next steps:

• The slides and draft background documents will be posted on Monday 29th June

on the project website

https://www.efi.int/projects/rediibio-red-ii-sustainability-criteria

• If you have feedback and comments, please send them to us by 17th July 2020

– Please note that feedback and comments related to the scope of the REDII criteria will not

be taken into account

– Please use the feedback form which will be provided – otherwise your feedback might not


• Email: [email protected] and [email protected]

• Comments will be reviewed and incorporated if relevant. The final report will be

updated based on the feedback and submitted to the Commission





AGRICULTURAL

BIOMASS

SUSTAINABILITY

CRITERIA


• Minimise the impact of biofuels, bio-liquids and biomass fuels produced from

harvesting agricultural waste and residues on soil quality and soil carbon

(REDII Article 29.2):

• requires that operators or national authorities have monitoring or management

plans in place.

• Biofuels, bioliquids and biomass fuels produced from agricultural biomass shall not

be made from raw material obtained from land with a high biodiversity value, namely

land that had one of the following statuses in or after January 2008, whether or not

the land continues to have that status (REDII Article 29.3):

AGRICULTURAL BIOMASS REDII CRITERIA

• primary forest and other wooded land• areas designated for nature protection purposes or for the protection of rare,

threatened or endangered ecosystems or species unless evidence is provided that the production of that raw material did not interfere with those nature protection purposes

• highly biodiverse forest and other wooded land• highly biodiverse grassland spanning more than one hectare

AGRICULTURAL

BIOMASS

SUSTAINABILITY

CRITERIA

• Approach

• Essential practices

Waste & residues criterion

• Definitions

• Legal text

• Approach

• Decision trees

Highly biodiverse criterion

• Introduction

• Methodology


• Q&A

Case-studies


Key Principles

• Proposed two tier approach either:

– Tier 1 – National level

– Tier 2 – Farm based with data collection at first gathering points to reduce burden

• Approach based on essential soil management practices – their implementation and

the monitoring of this implementation

– A list of practices deemed to retain soil quality and soil carbon sufficiently to enable the

extraction of residues when applied together

– Other approaches including requirements for soil management plans or residue removal

rates were reviewed and excluded as options for proofs based on burden placed on farmers

or operators.

• Emphasis in the approach is on non perennial crops, specifically cereal crop

residues. Although approach could be adapted to other cropping systems

WASTE & RESIDUE CRITERION – APPROACH


Tier 1 – The application of ‘essential soil management practices’ on all farms where

agricultural residues are collected is required in the country of origin of feedstock

supply, and that the implementation of these practises is monitored and enforced;

• Evidence of legal requirements to apply the relevant practices

• Evidence of monitoring and enforcement

Or – if this is not the case in the country of origin,

Tier 2 – It must be demonstrated that ‘essential soil management practices’ are in

place on the farms from which the agricultural residues are collected.

• Burden of proof to demonstrate compliance with Article 29.2 is placed on the entity acting as

first gathering point (specifically gathering points trading with/supplying material to energy end

users), or the economic operator that is in receipt of supplied residues

• First gathering point or economic operator are required to collect self-declarations from

producers supplying the agricultural residues

• Third party auditors to check at gathering point/operator level and a subset of farms to

demonstrate compliance throughout the chain

WASTE & RESIDUE CRITERION – APPROACH (CONTINUED)


• Essential soil management practices are the primary mechanism for proof at farm

level

• The essential list are determined as applicable to all farms with low risk of negative

impacts

• There are other practices, but these may not be appropriate to all farms

– Organic matter addition, including from biogas digesters BUT organic matter use is limited

for some farms due to water quality and regulatory constraints

• On farm level

– Other practices might be suitable on farm and may be being used on farm to protect soil

quality and soil carbon

– If it can be demonstrated that there are alternative management practices at farm level AND

that soil quality and soil carbon is being managed and monitored to avoid decline

– On farm specific solutions can be applied.

WASTE& RESIDUE CRITERIA – TIER 2 EXCEPTION


Requirement Soil quality parameter

At least a 5-crop rotation, including at least one legume, where a multi-species cover

crop between cash crops counts for 1.

Promoting soil fertility, soil carbon, limiting

of soil erosion, soil biodiversity and

promoting pathogen control

Sowing of cover/catch crops/intermediary crops using a locally appropriate species

mixture with at least 1 legume and reducing bare soil to the point of having a living

plant coverage index of at least 75% at farm level per year.

Promoting soil fertility, soil carbon

retention, avoidance of erosion, soil

biodiversity

Prevent soil compaction (frequency and timing of field operations should be planned

to avoid traffic on wet soil; tillage operation should be avoided or strongly reduced on

wet soils; controlled traffic planning can be used).

Retention of soil structure, avoiding soil

erosion, retaining soil biodiversity

No burning of arable stubble except where authority has granted an exemption for

plant health reasons.Soil carbon retention, resource efficiency

On acidic soils that liming is applied, where soils are degraded and acidification

impacts on crop productivity.

Improved soil structure, soil biodiversity,

soil carbon

WASTE & RESIDUE CRITERION – ESSENTIAL PRACTICES

• Proposed ‘essential soil management practices’ known to promote soil carbon

sequestration (given the absence of residues) and promote soil quality

AGRICULTURAL

BIOMASS

SUSTAINABILITY

CRITERIA

• Approach



• Definitions

• Legal text

• Approach

• Decision trees


• Introduction

• Methodology


• Q&A

Case-studies


HIGHLY BIODIVERSE FORESTS - LEGAL TEXT

a) primary forests and

other wooded land

b) highly biodiverse forests

and other wooded land

c) protection areas

b) highly biodiverse

grasslands


HIGHLY BIODIVERSE FORESTS - LEGAL TEXT

a) primary forests and

other wooded land

b) highly biodiverse forests

and other wooded land

c) protection areas

b) highly biodiverse

grasslands

Area type:

- Forest and other wooded land

High biodiversity value when:

- Species-rich and not degraded

or

- Identified by a relevant competent authority

Use allowed when:

- No interference with nature protection purposes


HIGHLY BIODIVERSE FORESTS - OVERLAP IN DEFINITIONS

Other wooded land (OWL):

Land not classified as “Forest”, spanning more than 0.5 hectares; with

trees higher than 5 meters and a canopy cover of 5-10 percent, or

trees able to reach these thresholds in situ; or with a combined cover of

shrubs, bushes and trees above 10 percent. It does not include land that

is predominantly under agricultural or urban land use (FAO 2018)

forest:

RED II Article 29.4 b+c

...canopy cover above 10 percent...

...spanning more than 1 ha...


HIGHLY BIODIVERSE FORESTS - STEPWISE APPROACH

Based on the hierarchical methodology for highly biodiverse grasslands in the

European standard EN 16214-3:2012+A1:2017 (CEN), the following three

decision trees are required:

Decision tree A

Identifying whether a harvesting area has been forest or other wooded land in or

after 2008

Decision tree B

Determining whether a harvesting area has been highly biodiverse forest or other

wooded land in or after 2008

Decision tree C

Showing evidence that that the production of raw material did not interfere with the

protection of the high biodiversity value of highly biodiverse forests and other

wooded land


HIGHLY BIODIVERSE FORESTS - DECISION TREE A

IDENTIFYING FOREST AND OTHER WOODED LAND

Area is not forest or other wooded land?

- At least every five years

- E.g. field check and/or

combined with remote sensing

A.3 Area is no forest /

no other wooded land

A.2 Area is intensely grazed or

mowed?

A.1 Area is already cropland or

other land under agricultural

use?

- At least every five years

- E.g. field check, remote

sensing, management plans

- At least every two years

- E.g. management plans,

stakeholders


Area is not highly biodiverse forests and other wooded land?

B.1 Area listed by a competent

authority?

HIGHLY BIODIVERSE FORESTS - DECISION TREE B

DETERMINE HIGH BIODIVERSITY VALUE

B.2 Area is degraded?

(see Grassland Regulation)

B.3 Area is not highly

biodiverse?

(see Grassland Regulation)

- See B.2

- Since 2008

- International, national and

sub-national

- List confirmed by an

independent third party

- Since 2008

- Study by independent third

party (field check, trend

analysis)


HIGHLY BIODIVERSE FORESTS - DECISION TREE C

HARVEST EXCEPTION

Production of raw material did not interfere with the protection of the high biodiversity value of highly biodiverse forests and other wooded land?

C.1 Harvesting required?

C.2 Harvesting did not

interfere with protection?

- Not older than five years

- Taking in to account

information since 2008


party (field check, trend

analysis, covering criteria

from B.3)

- Not older than five years


party (field check)

AGRICULTURAL

BIOMASS

SUSTAINABILITY

CRITERIA

• Approach


• Q&A


• Definitions

• Legal text

• Approach

• Decision trees


• Introduction

• Methodology


Case-studies


Objective: ‘test’ the level B approach in a specific subnational settings outside of the

legislative framework.

Bear in mind:

• it is a ‘snapshot’, not a data set to be maintained over time

• it has no legal value

• desk-based with input of specific stakeholders (e.g. pellet producer)

• focuses on difference types of “evidence” rather than the legislation (e.g.

management plan)

Repartition:

• Waste & residues

– Denmark, Spain, Poland & Ukraine

CASE-STUDIES - INTRODUCTION


CASE-STUDIES - METHODOLOGY

7. Finalisation of case-studies

6. Stakeholder consultation

5. Commission review

4. Internal review (within the project team)

3. Preparation of the case studies, through desk-based research and analysis using the methodology developed by the Consortium

2. Identification of stakeholder (e.g. pellet producer)

1. Draft case study structure and guidance for experts preparing the specific case studies


• All of the case studies needed a combination of Tier 1 and Tier 2 evidence (none

were able to demonstrate all on Tier 1)

– A combination of tiers is possible. This has been made specific in the approach

• Most case studies presented similar results (types and level of evidence) – except

for Poland where they had one additional practice available through Tier 1

• In some cases not all management practices appeared to be relevant for that

specific setting (e.g. acidic soils)

– An addition has been made to the approach to allow operators to supply evidence in case a

specific measure is not relevant in their case

• In most cases demonstrating evidence was possible, however some of the

management practices are not that wide-spread yet. The new CAP as well as other

initiatives will likely make these practices more wide-spread/applied

CASE STUDIES - WASTE & RESIDUES



RequirementLevel of

demonstrationEvidence and monitoring system

At least a 5-crop rotation, including at least one

legume, where a multi-species cover crop

between cash crops counts for 1

Tier 2

Self-declaration by the farmer + government

inspections

Self-declaration by the farmer + Independent third-

party auditor

Documentation on crop rotation and area used for

CAP subsidy calculation

Sowing of cover/catch crops/intermediary

crops using a locally appropriate species

mixture with at least 1 legume and reducing

bare soil to the point of having a living plant

coverage index of at least 75% at farm level per

year.

Tier 2

Self-declaration by the farmer + government

inspections

Self-declaration by the farmer + Independent third-

party auditor

Documentation on crop rotation and area used for

CAP subsidy calculation

Prevent soil compaction (frequency and timing

of field operations should be planned to avoid

traffic on wet soil; tillage operation should be

avoided or strongly reduced on wet soils;

controlled traffic planning can be used).

Tier 2

Self-declaration by the farmer+ government

inspections

Self-declaration by the farmer

Tier 1 (PL)Compliance with CAP subsidy requirements as

monitored by Government Agency



RequirementLevel of

demonstrationEvidence and monitoring system

No burning of arable stubble except where authority

has granted an exemption for plant health reasonsTier 1

Evidence of farmers receiving CAP

subsidies (conditionality)

Municipalities are responsible for

monitoring and enforcement.

Compliance with CAP subsidy

requirements as monitored by

Government Agency

On acidic soils that liming is applied, where soils are

degraded and acidification impacts on crop

productivity

Tier 2

Self-declaration by the farmer +

government inspections

Self-declaration by the farmer

Self-declaration by the farmer +

Independent third-party auditor


AGRICULTURAL BIOMASS SUSTAINABILITY CRITERIA - Q&A


CONCLUDING REMARKS & NEXT STEPS

Next steps:

• The slides and draft background documents will be posted on Monday 29th June

on the project website


• If you have feedback and comments, please send them to us by 17th July 2020

– Please note that feedback and comments related to the scope of the REDII criteria will not


– Please use the feedback form which will be provided – otherwise your feedback might not


• Email: [email protected] and [email protected]

• Comments will be reviewed and incorporated if relevant. The final report will be

updated based on the feedback and submitted to the Commission





MICHELE KOPERNavigant

[email protected]

JO VAN BRUSSELENEFI

[email protected]>

HANS VERKERKEFI

[email protected]

KLAUS HENNENBERGOEKO

[email protected]>

BEN ALLENIEEP

[email protected]

LUCIE PFALTZGRAFFNavigant

[email protected]

THORFINN STAINFORTHIEEP

[email protected]

CONTACTS



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