Commission Implementing Decision (EU) 2024/3181of 19 December 2024on the recognition of the Programme for the Endorsement of Forest Certification -PEFC voluntary scheme for demonstrating compliance with the requirements for biomass fuels set out in Directive (EU) 2018/2001 of the European Parliament and of the Council(Text with EEA relevance)

Commission Implementing Decision (EU) 2024/3181 of 19 December 2024 on the recognition of the Programme for the Endorsement of Forest Certification -PEFC voluntary scheme for demonstrating compliance with the requirements for biomass fuels set out in 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 sources OJ L 328, 21.12.2018, p. 82, ELI: http://data.europa.eu/eli/dir/2018/2001/oj. , and in particular Article 30(4) and (5) thereof, Whereas: (1) Directive (EU) 2018/2001 lays down requirements for certain fuels, namely biofuels, bioliquids, biomass fuels, renewable fuels of non-biological origin and recycled carbon fuels, to ensure that they can only be counted towards the targets set in that Directive if they have been sustainably produced and save significant greenhouse gas emissions compared to fossil fuels. Article 29 of Directive (EU) 2018/2001 lays down sustainability and greenhouse gas emissions saving criteria for biofuels, bioliquids and biomass fuels. (2) Voluntary schemes play an important role in providing evidence of compliance with the sustainability and greenhouse gas emissions savings criteria for biofuels, bioliquids and biomass fuels. Under Directive (EU) 2018/2001, voluntary schemes can be used to certify compliance of all fuels produced from biomass with the sustainability criteria laid down in that Directive and provide accurate data on their greenhouse gas emissions savings. (3) On 29 June 2021, the Programme for the Endorsement of Forest Certification – PEFC voluntary scheme submitted a request to the Commission for recognition pursuant to Article 30(4) of Directive (EU) 2018/2001. The Commission assessed the scheme and identified some issues requiring amendments. (4) The PEFC voluntary scheme re-submitted its request on 4 October 2024, addressing the issues identified by the Commission. In the Commission’s analysis of the re-submitted request, it was found that the PEFC voluntary scheme adequately covers the sustainability criteria for the production of biomass fuels from forest biomass. The scheme was also found to adequately cover the greenhouse gas emissions savings criteria for biomass fuels. (5) The PEFC voluntary scheme covers biomass fuels produced: (i) from forest biomass and (ii) from biomass from waste and residues from industries related to forestry. It has global geographic coverage and encompasses the entire forest supply chain. (6) In assessing the PEFC voluntary scheme, the Commission found that it adequately covered the sustainability criteria laid down in Article 29(6) and (7) of Directive (EU) 2018/2001. The Commission also found that the scheme provided accurate data on greenhouse gas emissions savings for the purposes of Article 29(10) of that Directive and applied a mass balance methodology in accordance with the requirements of Article 30(1) and (2) of that Directive.

(7) The Commission found that the PEFC voluntary scheme adequately complied with the rules included in Commission Implementing Regulation (EU) 2022/996 Commission Implementing Regulation (EU) 2022/996 of 14 June 2022 on rules to verify sustainability and greenhouse gas emissions saving criteria and low indirect land-use change-risk criteria (OJ L 168, 27.6.2022, p. 1, ELI: http://data.europa.eu/eli/reg_impl/2022/996/oj). . (8) The scheme has also been found to comply with the rules included in Commission Implementing Regulation (EU) 2022/2448 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 (OJ L 320, 14.12.2022, p. 4, ELI: http://data.europa.eu/eli/reg_impl/2022/2448/oj). . (9) The Commission assessment of the PEFC voluntary scheme found that it met adequate standards of reliability, transparency and independent auditing and complied with the methodological requirements set out in Annex VI to Directive (EU) 2018/2001. (10) The information that the PEFC voluntary scheme has been recognised should be made available in the section on the Commission’s Europa website devoted to voluntary schemes. (11) To allow for prompt application of the measures provided for herein, this Decision should enter into force on the day following that of its publication in the Official Journal of the European Union. (12) The measures provided for in this Decision are in accordance with the opinion of the Committee on the Sustainability of Biofuels, Bioliquids and Biomass fuels, HAS ADOPTED THIS DECISION:

Article 1

The Programme for the Endorsement of Forest Certification – PEFC voluntary scheme, submitted to the Commission on 4 October 2024 for recognition, demonstrates the compliance of consignments of biomass fuels with the sustainability criteria laid down in Article 29(6) and (7) of Directive (EU) 2018/2001. The PEFC voluntary scheme also provides accurate data on greenhouse gas emissions savings for the purpose of Article 29(10) of Directive (EU) 2018/2001 as it ensures that all relevant information from economic operators upstream in the chain of custody is transferred to the economic operators downstream in the chain of custody.

Article 2

Where the content of the PEFC voluntary scheme, as submitted to the Commission on 4 October 2024 for recognition, change in a way that might affect the grounds of this Decision, the PEFC voluntary scheme shall notify the Commission of such changes without delay. The Commission shall assess the notified changes with a view to establishing whether the PEFC voluntary scheme still adequately covers the criteria for which it has been recognised.

Article 3

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.