Chapter I, Article 5 · Commission Delegated Regulation (EU) 2023/1640

Contents

Article 5Establishing the share of hydrogen of biological origin#

1.If the production system co-processes renewable hydrogen of biological origin, economic operators shall document and provide evidence about the origin of the hydrogen as well as a proof that the hydrogen entering the hydrotreater or other co-processing unit:

(a)has not been counted as a renewable energyelsewhere in order to avoid double-counting, and

(b)has been incorporated into the final fuel and not simply used to remove impurities.

2.Economic operators may use a common refinery elemental analysis such as CHN (Carbon, Hydrogen, Nitrogen) test to quantify the hydrogen content of the material before and after hydro treating as a way to document if there is any increase in hydrogen content of the fuel. Economic operators may account any such increase as an additional biofuel or biogas in the output. The biological origin of the hydrogen used in hydro treating or co-processing shall be certified for its biological origin by the supplier or the economic operators themselves, in case they are also producers before use.