Update to Defra's list of evidence sources for demonstrating
Chapter 4 outlines the evidence sources available in the UK for demonstrating compliance with sustainability criteria for biofuels, as specified in the Renewable Energy Directive Compiled by the Department for Environment, Food and Rural Affairs (Defra), this resource aims to assist economic operators and is accessible online Recently, Defra has updated the content and reformatted it into a user-friendly flow chart, which can be found in Annex A.
3 This includes biofuel for which the default could not be reported due to (RED-compliant) changes in carbon
9 Do you agree that the new format of the Defra guidance is more user- friendly?
10 Are there any other sources of evidence that could be included?
Demonstrating compliance with the mass balance rules
This chapter has been largely maintained, with minor adjustments made for consistency with the updated evidence requirements and the new Sustainability Compliance Policy Additionally, there are several notable amendments outlined below.
The maximum permitted mass balance period has been shortened from one year to three months, aligning the RTFO with the timeframes utilized by voluntary schemes under the RED This proposed change was outlined in the Year 5 C&S Guidance, specifically in paragraph 7.22.
11 Does this change present any insurmountable practical difficulties?
2.7 The definitions within the chapter have been amended to include the definition of origin and country of origin:
• Origin: the farm or plantation where the crop was grown or the site/facility which first generated the waste or residue.
• Country of origin: the country in which the 'origin' is located This is NOT the country where the biofuel was produced i.e the biofuel processing plant.
12 Are these definitions sufficiently clear?
2.8 An additional paragraph has been added to the section on allocation of carbon and sustainability data This paragraph is included below.
Once C&S data is allocated to biofuel that has surpassed the duty point, any further changes to this set of data are prohibited, regardless of the outcome of the certificate application.
13 Does this cause any practical implementation issues that we should be aware of?
Wastes and residues
Chapter 8 of the current guidance outlines the categorization of specific materials as wastes or residues under the RTFO, detailing the requirements for C&S reporting on biofuels derived from these feedstocks It includes tables listing materials assessed by the Administrator and provides a process for evaluating and categorizing new materials.
2.11 We are not proposing changes to this chapter for Year 6 However, as this was a new part of the guidance following RED implementation, we would
It is important to note that mass balancing C&S data to a different fuel is not permitted once it has been assigned at the duty point, which differs from merely correcting inaccurate data related to the same fuel We particularly welcome feedback on the practical usefulness of the guidance and processes provided.
The Administrator will continuously review the handling of double counting materials, with a specific focus on tallow A comprehensive assessment regarding legislative changes and the potential market impacts of increased incentives for tallow-based biodiesel is scheduled for April 2013 An initial review has been completed, and the findings are available alongside this consultation.
The report raises concerns about the potential double counting of Category 1 tallow biodiesel, which could lead to a decrease in the production of Category 3 tallow Category 3 tallow is recognized as a valuable product with significant applications in the oleochemicals and animal feed industries If the incentives for producing Category 1 biodiesel become too attractive, renderers may find it economically unviable to separate Category 3 from Category 1 tallow.
The report indicates that the data reviewed does not support the hypothesis that double counting of Category 1 tallow biodiesel negatively impacts the production volumes of Category 3 tallow Additionally, the reported volumes of tallow biodiesel under the RTFO have decreased in recent years compared to the initial period of the RTFO Consequently, there are no current plans to alter the approach to double counting on tallow, although market monitoring will continue.
14 Has the system in operation this year for wastes and residues proved helpful? If not, please detail what improvements could be made.
15 Do you agree with the data and analysis provided in the Ecofys report on tallow? If not, please detail any alternative evidence
The report proposes ongoing monitoring of the tallow market, and we invite your feedback on this approach If you disagree, please suggest alternative data sources that should be considered for a comprehensive analysis.
New chapter: Demonstrating compliance: evidence requirements
2.15 We propose to include a new chapter discussing the types of evidence that suppliers and verifiers may encounter in the Carbon and Sustainability
Guidance This Chapter is based on the information originally included in
Chapter 6 of the Guidance for Verifiers focuses on the essential types of evidence needed to prove compliance with sustainability criteria This chapter has been revised based on insights gained from investigations into supporting evidence conducted during Years 4 and 5 For complete details, please refer to Annex B.
17 Are the evidence requirements sufficiently clear?
18 Is the treatment of third party audits within the supply chain sufficiently clear?
19 Are there any further types of evidence that should be included in this chapter?
New chapter: Greenhouse gas emissions reporting regulations (Fuel Quality Directive)
Starting from January 1, 2013, it is expected that greenhouse gas (GHG) reporting regulations will incorporate elements from the Fuel Quality Directive (FQD) This policy was outlined in the Government's response to the consultation on Article 7a of the FQD, published in July The proposed changes require parliamentary approval for a new Statutory Instrument: 2012 No 3030, titled "The Motor Fuel (Road Vehicle and Mobile Machinery) Greenhouse Gas Emissions Reporting Regulations 2012," which was presented in the House on December 6.
We recommend adding a concise chapter to the carbon and sustainability reporting guidelines that outlines the impact of new legislation on suppliers subject to the Renewable Transport Fuel Obligation (RTFO) This chapter will clarify that suppliers reporting under the RTFO possess the essential information needed to comply with the Greenhouse Gas (GHG) Emissions Reporting Regulations The proposed chapter can be found in Annex C of this document.
20 Is the proposed chapter on the GHG emissions reporting regulations clear and helpful?
21 Do you agree with the energy intensities for the fuels included in table C2 that are not part of Annex III of the RED?
Annex A: Guidance on recognition of voluntary schemes
In 2010, the RTFO Administrator conducted initial benchmarks of seven existing voluntary schemes against the mandatory RED biodiversity and carbon stock criteria The guidance for Year 4b and Year 5 indicated that these indicative RED benchmarks would be recognized for demonstrating compliance during those years Additionally, the guidance emphasized that, for the sake of EU harmonization, further benchmarking of standards against RED requirements is expected to be carried out by European authorities.
Commission to achieve harmonisation and to minimise administrative burden'
The Administrator's initial benchmarks allowed biofuel suppliers to utilize key schemes prior to their assessment by the Commission, with the ultimate goal of transitioning to EC-recognized voluntary schemes Several of these schemes, including RED compliant versions of Red Tractor, RTRS, and RSPO, have already been assessed by the Commission, while additional schemes are currently undergoing evaluation.
2.20 Therefore, from Year 6, voluntary schemes that have not been approved by the European Commission can no longer be reported on ROS
Table 1 RTFO Administrator benchmarked schemes
Voluntary scheme Version number RED sustainability compliance
GHG Biodiversity Carbon stocks Audit quality
(LEAF) Oct-08 (version 8) - No No Yes
Scheme, ACCS) Jul-08 (ACCS standard) - Yes No Yes
Alliance (SAN/RA) Apr-09 - Yes No Yes
22 Do you agree that the old indicative benchmarks of voluntary schemes against the RED land criteria should no longer be recognised under the RTFO?
Reporting biofuel from another Member State's national system (mutual recognition)
All Member States must establish a national system that allows parties to prove their biofuels meet the Renewable Energy Directive (RED) standards In the UK, the Renewable Transport Fuel Obligation (RTFO) serves as this national system for biofuels compliance.
Most Member States, including the UK's RTFO, operate their national systems at the duty point, meaning that fuel deemed compliant with the Renewable Energy Directive (RED) under their regulations cannot be utilized in other Member States Conversely, some Member States have national systems resembling voluntary schemes, where checks for RED compliance are conducted before reaching the duty point In such cases, it is possible for biofuels to be imported into the UK.
The UK advocates for mutual recognition throughout Europe and has established a process to acknowledge assessments of Renewable Energy Directive (RED) compliance from other Member States, particularly when their national systems pertain to exported fuels This allows for the recognition of biofuels that have been verified as sustainable by other countries.
Member States will be treated in the same way as consignments of fuel supplied through voluntary schemes that have been recognised by the
European Commission Biofuel that has been verified to be compliant with another Member State's national system can be reported under the ‘voluntary scheme’ field in ROS 5
2.24 We have undertaken a brief review of other Member States' national systems to ascertain which might be used under the RTFO This is included at Annex E of this document.
We have developed a framework to evaluate how a Member State's national system can be utilized under the RTFO to meet the sustainability criteria outlined in the Renewable Energy Directive (RED), akin to a European Commission-recognized voluntary scheme This framework is detailed in Annex F of this document.