S.L. 545.37 Art. 4Verification of compliance with the sustainability andgreenhousegas emissions saving criteria.

(1) Where biofuels, bioliquids and biomass fuels, or other fuels that are eligible for counting towards the amount of energy from renewable sources consumed in the transport sector for the purposes of calculating the share of renewable energy within the final consumption of energy in the transport sector are to be taken into account for the purposes of calculating the share of renewable energy in heating and cooling and for the purpose of calculating the share of renewable energy in the transport sector, and for the purpose referred to in paragraphs (a), (b) and (c) of sub-regulation (1) of regulation 3, economic operators are required to show that the sustainability and greenhouse gas emissions saving criteria laid down in sub-regulations

(6) to (13) of regulation 3 have been fulfilled, and for this purpose economic operators are required to use a mass balance system which:

(a) allows consignments of raw material or fuels with differing sustainability and greenhouse gas emissions saving characteristics to be mixed for instance in a container, processing or logistical facility, transmission and distribution infrastructure or site;

(b) allows consignments of raw material with differing energy content to be mixed for the purposes of further processing, provided that the size of consignments is adjusted according to their energy content;

(c) requires information about the sustainability and greenhouse gas emissions saving characteristics and sizes of the consignments referred to in paragraph (a) to remain assigned to the mixture; and (SUSTAINABILITY CRITERIA)

(d) provides for the sum of all consignments withdrawn from the mixture to be described as having the same sustainability characteristics, in the same quantities, as the sum of all consignments added to the mixture and requires that this balance be achieved over an appropriate period of time.

(2) The mass balance system referred to in sub-regulation (1) shall ensure that each consignment is counted only once when calculating the gross final consumption of electricity from renewable sources, the gross final consumption of energy from renewable sources in the heating and cooling sector and the final consumption of energy from renewable sources in the transport sector for the purposes of calculating the gross final consumption of energy from renewable sources, and shall include information on whether support has been provided for the production of that consignment, and if so, on the type of support scheme.

(3) Where a consignment is processed, information on the sustainability and greenhouse gas emissions saving characteristics of the consignment shall be adjusted and assigned to the output in accordance with the following rules:

(a) when the processing of a consignment of raw material yields only one output that is intended for the production of biofuels, bioliquids or biomass fuels, renewable liquid and gaseous transport fuels of non-biological origin, or recycled carbon fuels, the size of the consignment and the related quantities of sustainability and greenhouse gas emissions saving characteristics shall be adjusted applying a conversion factor representing the ratio between the mass of the output that is intended for such production and the mass of the raw material entering the process;

(b) when the processing of a consignment of raw material yields more than one output that is intended for the production of biofuels, bioliquids or biomass fuels, renewable liquid and gaseous transport fuels of non-biological origin, or recycled carbon fuels, for each output a separate conversion factor shall be applied and a separate mass balance shall be used.

(4) Economic operators shall submit reliable information to the Regulator regarding the compliance with the greenhouse gas emissions savings thresholds from the use of renewable liquid and gaseous transport fuels of non-biological origin of at least seventy per cent (70%) from the 1st of January 2021 and with the sustainability and greenhouse gas emissions saving criteria laid down in sub-regulations (6) to (13) of regulation 3, and said economic operators shall make available to the Regulator when so requested, and to any competent authority within any relevant Member State, as the case may be, upon request, the data that were used to develop the information.

(5) Economic operators shall arrange for an adequate standard of independent auditing of the information submitted, and shall provide to the Regulator evidence that this has been done. In order to comply with paragraph (a) of sub-regulation (10) of regulation 3, and paragraph (a) of sub-regulation (11) of regulation 3, the first or second party auditing may be used up to the first gathering point of the forest biomass.

(6) The auditing referred to in sub-regulation (5) shall verify that the systems used by economic operators are accurate, reliable and protected against fraud, including verification ensuring that materials are not intentionally modified or discarded so that the consignment or part thereof could become a waste or residue. It shall evaluate the frequency and methodology of sampling and the robustness of the data.

(7) The auditing referred to in sub-regulation (5) is to be complied with as follows:

(a) Economic operators who are producers of biofuels, bioliquids or biomass fuels, renewable liquid and gaseous transport fuels of non-biological origin, or recycled carbon fuels shall ensure that auditing and verification is to be compiled:

(i) under voluntary national or international schemes approved by the Commission; or

(ii) under national schemes which the Minister may choose to set up pursuant to sub- regulation (10); and

(b) Economic operators importing biofuels, bioliquids or biomass fuels, renewable liquid and gaseous transport fuels of non-biological origin, or recycled carbon fuels shall ensure that such auditing and verification is to be compiled:

(i) under voluntary national or international schemes approved by the Commission; or

(ii) under national schemes approved by Member States of the European Union which comply with the sustainability criteria contained in the Directive.

(8) The obligations laid down in sub-regulations (4) to (7) shall apply regardless of whether the biofuels, bioliquids, biomass fuels, renewable liquid and gaseous transport fuels of non-biological (SUSTAINABILITY CRITERIA)

origin, or recycled carbon fuels are produced within the Union or are imported. Information about the geographic origin and feedstock type of biofuels, bioliquids and biomass fuels per fuel supplier shall be made available to consumers on the websites of operators, suppliers or the relevant competent authorities and shall be updated on an annual basis.

(9) The Regulator shall submit to the Minister, in aggregated form, the information referred to in sub-regulation (4), and such information shall be published in summary form preserving the confidentiality of commercially sensitive information. The Minister shall submit to the Commission, in aggregated form, the information referred to in sub-regulation (4).

(10) The Minister may set up national schemes where compliance with the following is verified, through the involvement of competent national authorities, throughout the entire chain of custody:

(a) the sustainability and greenhouse gas emissions saving criteria laid down in sub-regulations (6) to (13) of regulation 3; and

(b) the greenhouse gas emissions savings thresholds for renewable liquid and gaseous transport fuels of non-biological origin and recycled carbon fuels of at least seventy st per cent (70%) from the 1 of January 2021:

Provided that the Minister may furthermore notify such national schemes to the Commission.

(11) Where an economic operator provides evidence or data obtained in accordance with a voluntary, national or international scheme that has been the subject of a decision of the Commission, to the extent covered by that decision, the Regulator shall not require the supplier to provide further evidence of compliance with the sustainability and greenhouse gas emissions saving criteria laid down in sub-regulations (6) to (13) of regulation 3.