Article 1 · Commission Implementing Regulation (EU) 2020/2085

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Article 1Amendments to Implementing Regulation (EU) 2018/2066#

Implementing Regulation (EU) 2018/2066 is amended as follows:

(1)Article 3 is amended as follows:

(a)point (21) is replaced by the following:

(21)“biomass” means the biodegradable fraction of products, waste and residues from biological origin from agriculture, including vegetal and animal substances, from forestry and related industries, including fisheries and aquaculture, as well as the biodegradable fraction of waste, including industrial and municipal waste of biological origin;’;

(b)the following points (21a) to (21e) are inserted:

(21a)“biomass fuels” means gaseous and solid fuels produced from biomass;

(21b)“biogas” means gaseous fuels produced from biomass;

(21c)“waste” means waste as defined in point (1) of Article 3 of Directive 2008/98/EC, excluding substances that have been intentionally modified or contaminated in order to meet this definition;

(21d)“residue” means a substance that is not the end product(s) that a production process directly seeks to produce; it is not a primary aim of the production process and the process has not been deliberately modified to produce it;

(21e)“agricultural, aquaculture, fisheries and forestry residues” means residues that are directly generated by agriculture, aquaculture, fisheries and forestry and that do not include residues from related industries or processing;’;

(c)point (23) is replaced by the following:

(23)“biofuels” means liquid fuels for transport produced from biomass;’;

(2)in Article 12, paragraph 3 is deleted;

(3)in Article 16(1), the second subparagraph is replaced by the following:‘In case of doubt, the operator or aircraft operator shall use in parallel both the modified and the original monitoring plan to carry out all monitoring and reporting in accordance with both plans, and it shall keep records of both monitoring results.’;

(4)in Article 18(2), the following third subparagraph is added:‘For the purpose of this paragraph, Article 38(5) shall apply, provided that the relevant information on the sustainability and the greenhouse gas emissions saving criteria of biofuels, bioliquids and biomass fuels used for combustion is available to the operator.’;

(5)in Article 19, the following paragraph 6 is added:‘6.For the purpose of this Article, Article 38(5) shall apply.’;

(6)Article 38 is amended as follows:

(a)in paragraph 1, the following subparagraph is added:‘For the purpose of this paragraph, Article 38(5) shall apply.’;

(b)in paragraph 2, the first subparagraph is replaced with the following:‘The emission factor of biomass shall be zero. For the purpose of this subparagraph, Article 38(5) shall apply.’;

(c)in paragraph 4, the following subparagraph is added:‘For the purpose of this paragraph, Article 38(5) shall apply.’;

(d)the following paragraph 5 is added:‘5.Where reference is made to this paragraph, biofuels, bioliquids and biomass fuels used for combustion shall fulfil the sustainability and the greenhouse gas emissions saving criteria laid down in paragraphs 2 to 7 and 10 of Article 29 of Directive (EU) 2018/2001.However, biofuels, bioliquids and biomass fuels produced from waste and residues, other than agricultural, aquaculture, fisheries and forestry residues are required to fulfil only the criteria laid down in Article 29(10) of Directive (EU) 2018/2001. This subparagraph shall also apply to waste and residues that are first processed into a product before being further processed into biofuels, bioliquids and biomass fuels.Electricity, heating and cooling produced from municipal solid waste shall not be subject to the criteria laid down in Article 29(10) of Directive (EU) 2018/2001.The criteria laid down in paragraphs 2 to 7 and 10 of Article 29 of Directive (EU) 2018/2001 shall apply irrespective of the geographical origin of the biomass.Article 29(10) of Directive (EU) 2018/2001 shall apply to an installation as defined in Article 3(e) of Directive 2003/87/EC.The compliance with the criteria laid down in paragraphs 2 to 7 and 10 of Article 29 of Directive (EU) 2018/2001 shall be assessed in accordance with Articles 30 and 31(1) of that Directive.Where the biomass used for combustion does not comply with this paragraph, its carbon content shall be considered as fossil carbon.’;

(7)Article 39 is amended as follows:

(a)paragraph 3 is replaced by the following:‘3.By way of derogation from paragraphs 1 and 2 and Article 30, the operator shall not use analyses or estimation methods in accordance with paragraph 2 to determine the biomass fraction of natural gas received from a gas grid to which biogas is added.The operator may determine that a certain quantity of natural gas from the gas grid is biogas by using the methodology set out in paragraph 4.’;

(b)the following paragraph 4 is added:‘4.The operator may determine the biomass fraction using purchase records of biogas of equivalent energy content, provided that the operator provides evidence to the satisfaction of the competent authority that:

(a)there is no double counting of the same biogas quantity, in particular that the biogas purchased is not claimed to be used by anyone else, including through a disclosure of a guarantee of origin as defined in Article 2(12) of Directive (EU) 2018/2001;

(b)the operator and the producer of the biogas are connected to the same gas grid.

For the purpose of demonstrating compliance with this paragraph, the operator may use the data recorded in a database set up by one or more Member States which enables tracing of transfers of biogas.’;

(8)in Article 43(4), the following subparagraph is added:‘For the purpose of this paragraph, Article 38(5) shall apply.’;

(9)in Article 47(2), the following subparagraph is added:‘For the purpose of this paragraph, Article 38(5) shall apply.’;

(10)Article 54 is replaced by the following:‘Article 54Specific provisions for biofuels1.For mixed fuels, the aircraft operator may either assume the absence of biofuel and apply a default fossil fraction of 100 %, or determine a biofuel fraction in accordance with paragraphs 2 or 3.2.Where biofuels are physically mixed with fossil fuels and delivered to the aircraft in physically identifiable batches, the aircraft operator may carry out analyses in accordance with Articles 32 to 35 to determine the biomass fraction, on the basis of a relevant standard and the analytical methods set out in those Articles, provided that the use of that standard and those analytical methods is approved by the competent authority. Where the aircraft operator provides evidence to the competent authority that such analyses would incur unreasonable costs or are technically not feasible, the aircraft operator may base the estimation of the biofuel content on a mass balance of fossil fuels and biofuels purchased.3.Where purchased biofuel batches are not physically delivered to a specific aircraft, the aircraft operator shall not use analyses to determine the biomass fraction of the fuels used.The aircraft operator may determine the biomass fraction using purchase records of biofuel of equivalent energy content, provided that the aircraft operator provides evidence to the satisfaction of the competent authority that there is no double counting of the same biofuel quantity, in particular that the biofuel purchased is not claimed to be used by anyone else.For the purpose of demonstrating compliance with the requirements referred to in the second subparagraph, the operator may use the data recorded in the Union database set up in accordance with Article 28(2) of Directive (EU) 2018/2001.4.The emission factor of biofuel shall be zero.For the purpose of this paragraph, Article 38(5) shall apply to combustion of biofuel by aircraft operators.’;

(11)in Article 72(1), the first subparagraph is replaced by the following:‘Total annual emissions of each of the greenhouse gases CO₂, N₂O and PFCs shall be reported as rounded tonnes of CO₂ or CO_2(e). The total annual emissions of the installation shall be calculated as the sum of the rounded values for CO₂, N₂O and PFCs.’;

(12)Annexes I and X are amended in accordance with Annex I to this Regulation;

(13)Annexes II, IV and VI are amended in accordance with Annex II to this Regulation.

Defined terms · 7

Show every defined term

agricultural, aquaculture, fisheries and forestry residues
means residues that are directly generated by agriculture, aquaculture, fisheries and forestry and that do not include residues from related industries or processing;’;
biofuels
means liquid fuels for transport produced from biomass;’;
biogas
means gaseous fuels produced from biomass;
biomass
means the biodegradable fraction of products, waste and residues from biological origin from agriculture, including vegetal and animal substances, from forestry and related industries, including fisheries and aquaculture, as well as the biodegradable fraction of waste, including industrial and municipal waste of biological origin;’;
biomass fuels
means gaseous and solid fuels produced from biomass;
residue
means a substance that is not the end product(s) that a production process directly seeks to produce;
waste
means waste as defined in point (1) of Article 3 of Directive 2008/98/EC, excluding substances that have been intentionally modified or contaminated in order to meet this definition;

Commission Implementing Regulation (EU) 2020/2085

Article 1Amendments to Implementing Regulation (EU) 2018/2066#

Defined terms · 7

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Article 1Amendments to Implementing Regulation (EU) 2018/2066#

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