S.L. 545.43 Art. 23Rules applicable to production of energy from biomass and to  support. S.L. 549.63.  S.L. 549.63.        S.L. 545.45.

(1) Energy producers producing energy from biomass shall take into account the waste hierarchy established in regulation

4A of the Waste Regulations and shall ensure the application of the principle of the cascading use of biomass, ensuring that energy from biomass is produced in a way that minimises undue distortive effects on the biomass raw material market, and adverse impacts on biodiversity, the environment and the climate.

(2) Renewable energy produced from:

(a) biomass in respect of which the obligations stipulated in sub-regulation (1) have not been complied with;

(b) the use of saw logs, veneer logs, industrial grade roundwood, stumps and roots; and

(c) the incineration of waste in respect of which the separate collection obligations stipulated in the Waste Regulations have not been complied with, SOURCES

shall not be eligible for support, including direct financial support, by means of any support scheme or otherwise.

(3) Support schemes for energy from biofuels, bioliquids and biomass fuels shall avoid incentivising unsustainable pathways and distorting competition with the material sectors, with a view to ensuring that woody biomass is used according to its highest economic and environmental added value in the following order of priorities:

(a) wood-based products;

(b) extending the service life of wood-based products;

(c) re-use;

(d) recycling;

(e) bioenergy; and

(f) disposal.

(4) The provisions of sub-regulation (1) shall not apply where:

(a) this is needed to ensure security of energy supply;

(b) where the local industry is quantitatively or technically unable to use forest biomass for an economic and environmental added value that is higher than energy production, for feedstocks coming from:

(i) necessary forest management activities, aiming to ensure pre-commercial thinning operations or carried out in accordance with national law on wildfire prevention in high-risk areas;

(ii) salvage logging following documented natural disturbances; or

(iii) the harvest of certain woods whose characteristics are not suitable for local processing facilities.

(5) A notification to the Commission shall be made annually by the Minister in respect of any derogations made pursuant to sub-regulation (4) together with the reasons for such derogations and the geographical scale to which they apply.

(6) No support shall be granted for the production of electricity from forest biomass in electricity-only installations, unless such electricity is produced applying biomass carbon dioxide capture and storage and it meets the requirements established in regulation

3(6) of the Biofuels, Bioliquids and Biomass Fuels (Sustainability

Criteria) Regulations.