REDcert newsletter 2/2011

REDcert Newsletter Issue 02/2011
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REDcert Newsletter Issue 02/2011
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Further clarification on the practical application of the Sustainability Ordinances

In letters dated 03.02.11 and 08.02.2011, the Federal Agency for Agriculture and Food (Bundesanstalt für Landwirtschaft und Ernährung – BLE) clarified several other issues about the sustainability ordinances and their practical application.

Application for access to Nabisy database

The BLE has changed the application process for access to the Nabisy web application as of 1 February 2011. Effective immediately, applications for access to the Nabisy web application have to be sent by REDcert system participants to REDcert (Mr. Hermann Menth, via fax 0228-3506109 or e-mail hermann.menth@redcert.de This e-mail address is being protected from spambots. You need JavaScript enabled to view it ). REDcert sends the application to the BLE after reviewing and confirming the data in the application. The BLE is still solely responsible for issuing user IDs and passwords. You can find the application form on our website www.redcert.org under Documents/Material.

Primary distributors and final interfaces requiring certification

In a letter dated 08.02.2011, the BLE addressed the following items relating to the definition of the "primary distributor" and the "final interface" (for more information, see our newsletter issue 5 from 11 June 2010):

- Primary distributor requiring certification = operation/operating facility that is the first point of acceptance of biomass from the operations that farm and harvest this biomass for the purpose of resale (e.g. dealers or cooperatives)

- Acceptance of the biomass = "physical and recorded" acceptance of the biomass for the purpose of resale

- Pure warehouse = physically accepts the goods, weighs them and records incoming and outgoing goods; does not, however, conduct any other financial transactions with the producer or buyer of the biomass = certification not required

- Dealer requiring certification = if a dealer is the owner of the biomass and conducts financial transactions with the producer but is not in direct possession of the goods, only in direct possession, as stipulated in Article 868 of the German Civil Code (BGB) (e.g. for third-party transactions with producers), he is a primary distributor as defined in Article 2 para. 3(1) of the German Biomass Sustainability Ordinances (BioKraft-NachV and BioStr-NachV) and must be certified.

- Final interfaces = oil mills or other operations that process liquid or gas biomass to reach the quality level required for final use (e.g. esterification facilities), may issue sustainability certificates

- Suppliers after the final interface = can become certified but are not interfaces and may thus not issue sustainability certificates

- Sustainability certificates = a final interface may only issue sustainability certificates for liquid biomass or biofuel which he has himself converted. The final interface may not issue sustainability certificates for goods that are only passing through. If necessary, partial certificates may be created as long as this final interface is also registered as a "supplier after the final interface" and has access rights for the nabisy web application.

Use of typical emission values for calculations

The BLE points out that only the GHG emissions considered typical and plausible can currently be entered in the Nabisy web application (Article 8 para. 3 (2) (a) and b of the German Biomass Sustainability Ordinances (BioSt-NachV and Biokraft-NachV)). This is checked by Nabisy when CSV files are received. Various companies, however, have calculated emissions values that have resulted in the certificates being rejected. As long as there are no validated and typical values stored in Nabisy for individual products, a company can only use the default or partial default value or the typical total default value available. REDcert participants can calculate their individual and best possible values for every product and send these values to the BLE along with the calculation basis using the specifications for GHG calculation approved in the REDcert system.
The data can only be stored in Nabisy when it has been provided to the BLE and validated. The BLE has promised to provide further details of the process necessary for this in writing next week.

NUTS2 regions

Starting 01.01.2011, partial default values may only still be used for biomass from regions of the EU member states that appear in a list pursuant to Article 19 para. 2 of Directive 2009/28/EC.

This only relates to partial default values found in Annex 2 (1) (a) and (e) of the Biofuels Sustainability Ordinance (Biokraft-NachV) and Annex 2 (1) (a) of the Biomass Electricity Sustainability Ordinance (BioSt-NachV).

Germany has given the EU Commission the required list of the NUTS2 regions. This list has been recognised by the EU Commission. The partial default values for farming may thus be used for the raw materials wheat, corn, sugar beets and rapeseed grown in Germany.

For biomass farmed in the member states of the European Union that appear in the "Reports and lists received by the Commission" column under http://ec.europa.eu/energy/renewables/transparency_platform/emissions_en.htm, the partial default values may also be applied as long as the member states mention in their reports that the typical greenhouse gas emissions arising from the cultivation of agricultural raw materials in these regions likely correspond at a maximum to the emissions specified under the heading "Disaggregated default values for farming" in Annex V section D of Directive 2009/28/EC. Partial default values may not be used for biomass from countries where this is not the case such as, e.g. Latvia or all member states listed in the column "Reports and lists still being analysed by Commission services".

For barley, rye and triticale, estimated values were calculated at NUTS2 level using the methodology of the IFEU Institute and recognised by the EU Commission.

For biofuels or liquid biomass produced from waste or residual materials, the partial default values found in Annex 2 (1)(a) of the Biomass Electricity Sustainability Ordinance can be used without restriction in accordance with Article 8 para. 4 (2) of the Biofuel or Biomass Electricity Sustainability Ordinance unless the residual materials originate from agriculture and fishing or from aquacultures.

Balancing different greenhouse gas emission values

It is generally possible to balance different greenhouse gas emission values. The following applies: Operations and operating sites before the final interfaces that mix quantities of sustainable biomass with different GHG emission savings may only carry out balancing pursuant to Article 16 para. 2 sentence 2 (b) of the German Biomass Sustainability Ordinances (Biokraft-NachV / BioSt-NachV) if every individual quantity of biomass added to the mixture has already satisfied the requirements of the Biokraft-NachV / BioSt-NachV prior to mixing and has demonstrated the value defined for the respective production step. These values are defined by the Commission of European Communities or by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMU). The BMU has published the following values to date:

After the final interface, biofuels that were produced by one or more interfaces in accordance with Article 15 para. 3 which have different GHG emission savings may be mixed in accordance with Article 16 para. 2 (2)(a). The GHG emission savings, however, may only be balanced if all quantities added to the mixture demonstrated the GHG emission savings in accordance with Article 8 prior to being mixed.

Using default values

For biomass that was accepted by a certified primary distributor up to 31 December 2010, the partial default values found in Annex 2 (1)(a) and (e) of the Biofuel Sustainability Ordinance (Biokraftstoff-NachV) can still be used. It is irrelevant if the certificate is valid beyond 31.12.2010. Starting 01.01.2011 partial default values may only still be applied for biomass originating from regions of the EU member states appearing in a list pursuant to Article 19 para. 2 of Directive 2009/28/EC.

Poland, Finland, Bulgaria, Romania, Sweden and Slovakia have not yet published a list or the European Commission has not yet released the list. As a result, partial default values may no longer be used for biomass that has been accepted by primary distributors from these member states starting on 01.01.2011.

For all values that are missing or are not consistent with the specifications of the list stipulated in 2009/28/EC, the interfaces have to calculate the individual greenhouse gas emissions.

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