Biofuels and bioliquids

Ordinance amending the Ordinance (2011:1088) on sustainability criteria for biofuels and bioliquids

The regulations specify when a substance is considered to be an end product or a primary aim of a production process. If a process is usually optimised to produce a substance, it shall be considered to be an end product or a primary aim of the process. However, even a substance for which a production process is not usually optimised to produce it shall be considered to be an end product or the main purpose of the process if the substance has a use other than for energy purposes and, over the last 2-year period or the shorter part of the time the substance has been on the market, it has had an average retail price per kilo which, over the same period, exceeds 40 % of the average retail price per kilo of the substance for which the process is usually optimised. The latter does not apply to substances resulting directly from agricultural, aquaculture, fishing or forestry activities. Since it is clear from certain EU legal acts, inter alia the ILUC Directive and Commission interpretive communication 2010/C 160/02, that the substances mentioned in points (e), (f) and (h)–(o) of Annex IX to the ILUC Directive shall not be considered to be end products directly produced by a production process or the main aim of the process, this is stated in a provision of the proposed ordinance. The wording of § 17 in the ordinance is amended in relation to the current wording in order to better reflect the situations in question.