S.L. 545.37 Art. 5Calculation of the greenhouse gas impact of biofuels, bioliquids and biomass fuels.

(1) For the purposes of sub-regulations (12) and (13)

of regulation 3, the greenhouse gas emissions saving from the use of biofuel, bioliquids and biomass fuels shall be calculated in one of the following ways:

(a) where a default value for greenhouse gas emissions saving for the production pathway is laid down in Part A or B of the First Schedule for biofuels and bioliquids and in Part A of the Second Schedule for biomass fuels where the el value for those biofuels or bioliquids calculated in accordance with item 7 of Part C of the First Schedule and for those biomass fuels calculated in accordance with item 7 of Part B of the Second Schedule is equal to or less than zero, by using that default value;

(b) by using an actual value calculated in accordance with the methodology laid down in Part C of the First Schedule for biofuels and bioliquids and in Part B of the Second Schedule for biomass fuels;

(c) by using a value calculated as the sum of the factors of the formulas referred to in item 1 of Part C of the First Schedule, where disaggregated default values in Part D or E of the First Schedule may be used for some factors, and actual values, calculated in accordance with the methodology laid down in Part C of the First Schedule, are used for all other factors;

(d) by using a value calculated as the sum of the factors of the formulas referred to in item 1 of Part B of the Second Schedule, where disaggregated default values in Part C of the Second Schedule may be used for some factors, and actual values, calculated in accordance with the methodology laid down in Part B of the Second Schedule, are used for all other factors.

(2) The Minister may submit to the Commission reports including information on the typical greenhouse gas emissions from the cultivation of agricultural raw materials of the areas classified as level 2 in the nomenclature of territorial units for statistics (NUTS) or as a more disaggregated NUTS level in accordance with Regulation

(EC) No 1059/2003 of the European Parliament and of the Council. Those reports shall be accompanied by a description of the method and data sources used to calculate the level of emissions. That method shall take into account soil characteristics, climate and expected raw material yields.