REDcert Newsletter Issue 03/2011
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REDcert Newsletter Issue 03/2011
In our last Newsletter, No. 2 in the section entitled "NUTS2 regions", we mentioned that it is only permitted to still use the default values for biomass originating from European member states given certain conditions. Because this creates several problems in practice, the Federal Agency for Agriculture and Nutrition (Bundesanstalt für Landwirtschaft und Ernährung - BLE) has provided some important information on the different possibilities that exist for handling this biomass under the scope of sustainability certification in consultation with the REDcert and ISCC certification systems. We would like to explain this below:
Provision for old installations
According to Article 8 para. 2 of the Biomass Electricity Sustainability Ordinance (BioSt-NachV) and Biofuels Sustainability Ordinance (Biokraft-NachV), old installations are final interfaces that were put into operation prior to 23 January 2008. These old installations only have to demonstrate a greenhouse gas emission saving of at least 35% starting 1 April 2013. Interfaces before the final interface (e.g. primary distributors) do not have to indicate the CO2 emissions that were created during the respective step if the raw material will be processed in an old installation and this installation also applies the provision for old installations. To make sure that this is absolutely clear, upstream interfaces in the REDcert system have to declare the biomass "sustainable" on the delivery or shipping documents and also write "for exclusive use in old installations”.
It is also not permitted to include the liquid biomass or biofuel for which the greenhouse gas emissions saving is calculated or specified as a default value in the balance. It is only possible to combine several sustainability certificates and partial sustainability certificates in the Nabisy application if the provision for old installations is applied to all of them.
To be on the safe side, we would like to point out once again that operators of facilities for electricity generation (CHP) are not entitled to the "Nawaro bonus" if they use liquid biomass from old installations. Final interfaces that intend to apply the provision for old installations should mention this explicitly to their customers (dealers, CHP operators) to prevent potential conflicts later on.
Provision for NUTS2 regions
So far, the member states have submitted extremely varied responses to the EU Commission about typical emissions in NUTS2 regions. As a result, there are a number of different options for taking action that we would like to explain in detail with respect to the REDcert system:
A Unrestricted use of default values
* Member state has confirmed to the EU-COM that the typical GHG emissions are no higher than the respective default values* for cultivating biomass for all of its NUTS2 regions, but possibly only for certain types of biomass
The default values for cultivating biomass in Annex 2 (1)(a) of the Sustainability Ordinances may be used with no restrictions as long as the Commission has reviewed/confirmed the report.
* As long as they exist for the specific type of biomass
B Restricted use of default values
* Member state has confirmed to the EU-COM that the typical GHG emissions are no higher than the respective default values* for cultivating biomass for only some of its NUTS2 regions
The default values for cultivating biomass in Annex 2 (1)(a) of the Sustainability Ordinances may be used for biomass that originates from the confirmed NUTS2 regions.
Biomass that is intended for use in old installations may be used from all NUTS-2 regions because it is not necessary to specify a GHG value (see paragraph "Provision for old installations".).
C Default values may not be used
* Member state has not confirmed NUTS2 regions to the EU-COM
* EU Commission has not yet reviewed/confirmed the report of the member state or
* Member state indicated that the typical GHG emissions exceed the respective default values for the cultivation of biomass.
The default values for cultivating biomass in Annex 2 (1)(a) of the Sustainability Ordinances may not be used, values have to be calculated individually.
Biomass that is intended for use in old installations may be used from all NUTS-2 regions because it is not necessary to specify a GHG value (see paragraph "Provision for old installations".).
In all cases, the values actually calculated may always be used for the GHG emissions when cultivating biomass.
What is the current situation in the individual member states?
The following table provides an overview as of March 2011. It should be kept in mind that the situation in each individual member state can change at any time. Italics indicates that the reports have not yet been approved by the Commission. The current and valid status can be found at:
http://ec.europa.eu/energy/renewables/transparency_platform/emissions_en.htm
Option
Member state (italics: report is still being reviewed by the Commission)
A
- Belgium (NUTS-2 regions identified for corn, rapeseed, wheat, sugar beets)
- Bulgaria (NUTS-2 regions identified for sunflowers and rapeseed)
- Germany (NUTS-2 regions identified for corn, rapeseed, wheat, sugar beets)
- Finland (NUTS-2 regions identified for rapeseed and wheat)
- France (NUTS-2 regions identified for corn, rapeseed, sunflowers, wheat, sugar beets)
- Ireland (NUTS-2 regions identified for rapeseed, wheat, sugar beets)
- Lithuania (NUTS-2 regions identified for rapeseed and wheat)
- Luxembourg (NUTS-2 regions identified for rapeseed and wheat)
- Austria (NUTS-2 regions identified for corn, rapeseed, soybeans, sunflowers, wheat, sugar beets)
- Romania (NUTS-2 regions identified for corn, rapeseed, sunflowers, wheat, sugar beets)
- Sweden (NUTS-2 regions identified for rapeseed and wheat)
- Slovenia (NUTS-2 regions identified for corn, rapeseed, wheat)
- Slovakia (NUTS-2 regions identified for corn and rapeseed)
- Czech Republic (NUTS-2 regions identified for corn, rapeseed, wheat, sugar beets)
- Hungary (NUTS-2 regions identified for corn, rapeseed, sunflowers, wheat, sugar beets)
B
- Estonia
- Latvia
- Great Britain (NUTS-2 regions identified for rapeseed, wheat and sugar beets whereby the disaggregated default values for cultivation pursuant to Art. 19 para. 2 in Annex V (D) of Directive 2009/28/EC were exceeded for sugar beets in all NUTS2 regions and in all but three NUTS-2 regions for rapeseed and in 12 NUTS-2 regions for wheat)
- Denmark (NUTS-2 regions identified for rapeseed and wheat whereby the disaggregated default values for cultivation pursuant to Art. 19 para. 2 in Annex V (D) of Directive 2009/28/EC were exceeded for wheat in three NUTS2 regions), Netherlands (NUTS-2 regions identified for corn, rapeseed, wheat, sugar beets whereby the disaggregated default values for cultivation pursuant to Art. 19 para. 2 in Annex V (D) of Directive 2009/28/EC were exceeded for wheat in all NUTS-2 regions except for one)
- Spain (NUTS-2 regions identified for rapeseed and sunflowers whereby the disaggregated default values for farming pursuant to Art. 19 para. 2 in Annex V (D) of Directive 2009/28/EC were exceeded for wheat in all NUTS-2 regions except for one and in one NUTS-2 region for sunflowers).
C
- Malta
- Poland
- Portugal
- Cyprus
For biomass not listed in Annex V (D) of Directive 2009/28/EC, estimated values can be used instead as long as they are calculated using the same method used by the respective member state to calculate its cultivation values at NUTS2 level and this method has been recognised by the EU Commission. These values have only been approved to date in Germany for rye, barley and triticale (see Newsletter no.11-2010).
Information for final interfaces
According to Article 8 para. 4(1) of the Biomass Electricity Sustainability Ordinance (BioSt-NachV) and Biofuels Sustainability Ordinance (Biokraft-NachV), the final interface may always use the total default value when calculating the greenhouse gas emission saving and identify biomass as sustainable as long as the 35% reduction in GHG emissions required by the Directive is guaranteed by the total default value. This is the case because the restricting condition of Article 8 para. 4(2) of the BioKraft-NachV and BioSt-NachV only relates to the partial default value for cultivation.
Self-declaration for farms
To ensure that the recipient of the cultivated biomass (primarily the primary distributor) can identify which NUTS2 region of an EU member state the biomass was cultivated in and to guarantee traceability, this information must be included on the self-declaration in accordance with the specifications of the BLE – as long as this is not obvious from the address provided on the declaration by the producer. REDcert has modified the self-declaration form accordingly. It can be downloaded from www.redcert.org under "Documents à Self-declaration". The primary distributors are responsible for correctly entering and passing on the GHG values of the sustainable biomass supplied either in the form of a default value, an individual value or an estimated value.
Submission of sustainability certificates by the final interface
As a reminder, final interfaces are required to directly submit copies of all sustainability certificates they have issued on the basis of the sustainability ordinances to the certification body responsible for them. This is set forth in Article 26 para. 1 (1)(b) of the BioKraft-NachV and BioSt-NachV.
The reporting and notification duties of the certification bodies are regulated in Article 53 of the BioKraft-NachV and BioSt-NachV. According to these provisions, a certification body can transfer responsibility for submission of the sustainability certificates to the BLE to the final interfaces it has certified which is currently standard practice. Article 53 of the BioKraft-NachV and BioSt-NachV does not, however, release the final interfaces from the responsibility set forth in Article 26 BioKraft-NachV and BioSt-NachV to give copies of all of its sustainability certificates to the certification body responsible for them. The certification body must archive all of the sustainability certificates should it be necessary to consult them as part of an inspection.
Date of interface certification
A sustainability certificate or partial sustainability certificate is absolutely required for every quantity of liquid biomass or biofuel used to generate electricity from liquid biomass in installations or introduced to the market as biofuel after 1 January 2011.
When a final interface issues a sustainability certificate, this interface as well as all upstream interfaces in the value chain have to have been certified. At this point in time, the verification of sustainability must have been provided by the entire value chain up to and including the final interface. This does not mean that interfaces must have been certified by 31 December 2010. The determining factor instead is the point in time at which the biofuel was brought to market or the point in time that the liquid biomass was used to generate electricity. In some individual cases, this may also be much later than 31 December 2010. For biofuel, for example, that was introduced to the market on 1 July 2011, it is sufficient if all interfaces are certified no later than 30 June 2011.
Until 31 December 2010, a special ruling applied to the first interface which made it possible to transfer biomass to the next interface even before certification. This is no longer possible as of 1 January 2011.
If, however, a non-certified primary distributor has already stored biomass and this biomass satisfies the requirements of the BioKraft-NachV and BioSt-NachV, this biomass can be passed on as sustainable after the primary distributor has been successfully certified.
Random inspections of farms
Because there continue to be misunderstandings about the frequency and timing of random inspections of farms, we would once again like to emphasise the following:
at least 3% of farms are to be randomly inspected when a primary distributor is certified. The inspections must be completed before the certificate is issued for the primary distributor. This was not usually possible for the initial certifications conducted in 2010 because of time constraints. Consequently, the BLE has decided that these "old" random inspections have to be completed retroactively but no later than the monitoring audit (max. 6 months after initial certification). With a view to the pending recertification of the primary distributor after one year, the "new" random inspection should be planned well enough in advance. Both random inspections must be conducted at different farms; from a time and organisational standpoint, however, they can happen at the same time if the certification body has enough capacity. When a primary distributor decides to do a recertification ahead of schedule as part of the monitoring audit, the principal also applies here that different random inspections have to be conducted (3%+3%) that, however, both have to be completed by the time of the monitoring or recertification audit.
2011/03/27
REDcert newsletter 2/2011
REDcert Newsletter Issue 02/2011
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REDcert Newsletter Issue 02/2011
Page 2
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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.
Article Index
REDcert Newsletter Issue 02/2011
Page 2
Page 2
All Pages
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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