4-1-2016 | 1 eu regulation of biofuelsfaculty of law groningen centre of energy law renewable energy...

| 4-1-2016

faculty of law groningen centre of energy law

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EU regulation of biofuels Renske Giljam, LL.M. Groningen Centre of Energy Law The Netherlands

| 4-1-2016

faculty of law groningen centre of energy law

Overview

• Renewable energy framework EU

• Biofuels

• Questions & discussion

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| 4-1-2016

faculty of law groningen centre of energy law

Renewable energy framework

• ‘20/20/20 Policy’

• Renewable Energy Directive (2009/28/EC)

• Overall EU target 20% in 2020

o Individual targets range from 10% to 49%

• Gross consumption is sum of

1. electricity

2. heating and cooling

3. transport

• RES must be 10% of total

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| 4-1-2016

faculty of law groningen centre of energy law

Energy use per sector (IEA 2009)

4

47%

17%

27%

9%

Heating/Cooling

Electricity

Transport

Non-energy use

Weighted average: 50% RES in electricity = 10% RES in gross consumption

| 4-1-2016

faculty of law groningen centre of energy law

Biofuels regulation • Sustainability criteria in RED

• Biofuels only count towards targets, if: • GHG savings > 35%

• Not cultivated on ‘vulnerable’ land

o i.e. high biodiversity, carbon stock, peatland

• Irrespective of cultivation inside or outside EU

o Within EU: good agricultural practice

• More lenient for ‘advanced’ biofuels + double counting

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| 4-1-2016

faculty of law groningen centre of energy law

Calculating GHG emissions

• Default values for 24 production pathways

• Actual values for all others • Expressed in grams of CO2 per MJ of fuel

• Methodology impacts ‘GHG performance’

• Role of fossil fuel comparator

• Assumptions & uncertainties

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| 4-1-2016

faculty of law groningen centre of energy law

Biofuels: Challenges • 1st generation:

• Fuel vs. food

• ILUC emissions

• Land grabbing

• Criteria do not apply to solid biomass • So applicable to only 3% of all energy uses

• Final use determines sustainability requirements

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| 4-1-2016

faculty of law groningen centre of energy law

Fuel vs. food

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faculty of law groningen centre of energy law

DLUC and ILUC

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FOREST

No biofuel crops Biofuel crops: ILUC Biofuel crops: DLUC

FARMLAND

FOREST

FARMLAND

FOREST

FARMLAND

FUEL CROPS

FUEL CROPS

FARMLAND

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faculty of law groningen centre of energy law

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| 4-1-2016

faculty of law groningen centre of energy law

Concluding remarks • 20% RES in 2020

• At least 10% in transport

• Sustainability criteria for biofuels • Still some challenges

• Calculation methods crucial

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| 4-1-2016

faculty of law groningen centre of energy law

Suggestions for discussion

• What are ‘advanced’ biofuels?

• Are the calculations correct? • Assumptions?

• All inclusive?

• How to deal with sustainability challenges?

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| 4-1-2016

faculty of law groningen centre of energy law

Total GHG emissions • The total of GHG emissions from use of a biofuel is:

• The emissions from the cultivation of raw materials + annualised emissions from carbon stock changes caused by land-use change + emissions from processing + from transport and distribution + emissions from the fuel in use;

• MINUS emission saving from soil carbon accumulation via improved agricultural management - emission saving from carbon capture and geological storage - emission saving from carbon capture and replacement - emission saving from excess electricity from cogeneration.

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| 4-1-2016

faculty of law groningen centre of energy law

Emissions from cultivation • Emissions from cultivation of raw materials shall include…

emissions from the extraction or cultivation process itself; from the collection of raw materials; from waste and leakages; and from the production of chemicals or products used in extraction or cultivation. Capture of CO2 in the cultivation of raw materials shall be excluded. Certified reductions of greenhouse gas emissions from flaring at oil production sites anywhere in the world shall be deducted. Estimates of emissions from cultivation may be derived from the use of averages calculated for smaller geographical areas than those used in the calculation of the default values, as an alternative to using actual values.

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| 4-1-2016

faculty of law groningen centre of energy law

Land-use changes

• Emissions from carbon stock changes caused by land-use change are divided equally over 20 years

• There is a bonus for using certain types of severely degraded and heavily contaminated land

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| 4-1-2016

faculty of law groningen centre of energy law

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Thank you for your attention r.a.giljam@rug.nl