Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
This law lays down requirements for biofuels and bioliquids and the demonstration of conformity.
This law applies to biofuels and bioliquids in accordance with the law on the promotion of the use of biofuels in transport (194/2007) , law on excise duty on liquid fuels (1472/1994) , emissions trading (12/02011) And the Air Traffic Emissions Trading Act (184/2010) Provides.
This law shall also apply to biofuels and bioliquids, the use or production of which is a State aid law (2002) Or any other State aid under the law. The State aid decision may specify in more detail how Articles 12 to 25 on demonstrating compliance with the sustainability criteria of this law are applied to the aided investment project, and the recipient's obligation to explain to the applicant how Compliance with sustainability criteria has been demonstrated.
General guidance, monitoring and development of activities under this law are part of the Ministry of Employment and the Economy.
The Energy Market Agency shall monitor compliance with this law and the other tasks provided for in this Act.
For the purposes of this law:
(1) Waste Waste law (646/2011) , with the exception of the substance which has been intentionally modified to render it waste;
(2) Source of processing The substance that is produced in a production process or is the end product of a production process whose primary purpose is not to produce this substance, and for which the production process has not been intentionally modified;
(3) Stardom A process source and a star in agriculture, aquaculture, fisheries and forestry;
(4) Biomass The biodegradable fraction of products, waste and residues, industrial and municipal waste from agriculture or forestry, related industries, fisheries or aquaculture;
(5) Biofuels, Fuel used in liquid or gaseous transport from biomass;
(6) Bioliquate Liquid fuel produced from biomass for energy purposes other than transport;
(7) Raw material Biomass used for the production or production of biofuels or bioliquity;
(8) Release for consumption Excise tax law (182/2010) Paragraph 8 Shall be released for consumption;
(9) Operator A legal person or a natural person who produces, manufactures, imports, supplies to consumption or uses raw materials, biofuels, bioliquines or fuels containing them or actually determines the activity and to which the law is applicable; Article 2 shall apply;
(10) Sustainability criteria The requirements for biofuels and bioliquids provided for in Articles 6 to 10.
Biofuels and bioliquids must meet the sustainability criteria laid down in Article 6, irrespective of whether the raw material is produced within or outside the European Union. The durability criteria set out in Articles 7 to 9 shall also apply to other raw materials other than waste and processing sources, irrespective of whether the raw material is produced within or outside the European Union. In addition, agricultural raw materials will be subject to the sustainability criterion laid down in Article 10 if the raw material is grown within the European Union.
The greenhouse gas emissions of fossil fuels, compared to the life-cycle greenhouse gas emissions of bio-fuel or bioneside, shall include:
(1) at least 35 % less and at least 50 % less from 1 January 2017;
(2) from 1 January 2018, at least 60 % less if the biofuel or bionesthetic batch is produced on or after 1 January 2017.
The raw material shall not come from an area which, in January 2008, was:
1) arithmetic or other wooded land where there are no clear signs of human activity and where the ecological processes are not significantly disturbed;
(2) a nature reserve, unless evidence is provided that the production of the raw material does not interfere with the conservation purpose of the site; or
3) biodiverse grassland.
The raw material shall not come from a region whose mode of land use has changed permanently after January 2008 if the area was:
1) wetlands;
(2) permanently covered by forest; or
(3) a forest with a crown cover of between 10 % and 30 %, unless there is evidence that the greenhouse gas emission reduction provided for in Article 6 takes place in spite of a change in the carbon stock resulting from the change in the mode of use.
The raw material shall not come from a previously dried peat land whose drying has occurred since January 2008.
The production of raw materials must comply with the environmental and plant health requirements laid down by the farmer in the European Union, as well as the requirements of good agricultural and environmental standards.
More detailed provisions on sustainability criteria can be laid down by a Council regulation.
The operator must have a system of compliance with sustainability criteria ( Performance scheme of the operator ), unless compliance with sustainability criteria is addressed within the meaning of Article 24.
Based on the operator's sustainability scheme:
(1) calculate the greenhouse gas emission reduction in the biofuel or bionestead lot and establish that the batch fulfils the sustainability criterion set out in Article 6, or the greenhouse gas emission of the raw material item is calculated;
(2) clarify that the origin of raw materials meets the sustainability criteria set out in Sections 7 to 9;
(3) the raw material producer referred to in Article 10 shall be informed without delay if the competent authority establishes deficiencies in compliance with the requirements referred to in that Article, and takes the necessary measures to: In order to ensure compliance with the sustainability criteria or, where the raw material is not covered by the direct payments control referred to in that Article, the origin of raw materials meets the sustainability criterion set out in that Article.
The operator's durability system shall include a material balance sheet, which shall be recognised as having the characteristics of the mixture removed and associated with the application of the sustainability criteria ( Of sustainability characteristics ) Information on different biofuels or bionesteas or raw materials. The durability characteristics and amounts of the items removed from the mixture and added to it shall be consistent with each other.
The procedures referred to in paragraph 2 and the material balance referred to in paragraph 3 shall be accurate, reliable and protected against misuse.
More detailed provisions on the procedures to be followed in the operator's sustainability scheme and on the balance sheet may be laid down by a Council Regulation.
The operator shall apply for approval of its sustainability scheme from the Energy Market Agency.
The application shall contain the necessary information on the operator and the sustainability scheme. The application shall be accompanied by a statement by the verifier referred to in Chapter 4 on the conformity of the sustainability scheme.
More detailed provisions on the application and the statement of the verifier to be annexed thereto may be adopted by a Council Regulation.
The Agency shall approve the operator's sustainability scheme if it has been shown that the conditions laid down in this Act are met and that there is no obstacle to the adoption of this law.
The approval decision shall contain information on the operator and the provisions:
(1) to ensure the accuracy, reliability and protection of the operator's sustainability scheme;
(2) to ensure compliance with the operator's sustainability scheme; and
(3) other matters relating to the public or private interests and to the fulfilment of the conditions of the decision.
The approval decision shall be valid for a period of five years from the final date of the decision.
The approval decision may be extended for five years at a time. The extension shall be subject to compliance by the operator with the obligations laid down in this Act and the provisions of the decision of approval.
The Energy Market Agency may decide that approval shall cease to be valid if the production, manufacture, import, consumption or use of biofuels, bioliquids, raw materials or fuels containing them has been Suspended from the operator for a continuous period of at least one year, unless the operator's sustainability scheme is still necessary for the State aid decision referred to in Article 2 (2).
The Energy Market Agency shall decide that the approval decision shall cease to be valid if the operator applies for it.
The Energy Market Agency may amend the order issued in the decision approving the operator's sustainability scheme if a change in the criterion of the order has taken place.
An Energy Market Agency may, upon application by the operator, modify the decision approving the operator's sustainability scheme in the event of a permanent change in the sustainability scheme. The application shall be accompanied by a verifier's opinion on the conformity of the sustainability scheme in so far as it is necessary in the light of the changes made. The amendment to the approval decision shall apply, as provided for in Article 14, for the decision approving the operator's sustainability scheme.
The decision amending the approval decision shall be valid in accordance with the validity of the decision adopted pursuant to Article 14.
The Energy Market Agency may withdraw the approval decision if:
(1) the application or its annex contains incorrect or incomplete information which has materially affected the decision or otherwise related to the judgment; or
(2) the operator's sustainability scheme no longer complies with the conditions laid down in Article 12 or the operator has materially failed or in breach of the obligation or restriction laid down in this law or in the approval decision; And the comments and warnings given to the operator concerned have not led to any remedial action.
The Energy Market Agency shall transfer the approval decision to another operator if the operator's sustainability scheme is passed on to another operator. For the purposes of transmission, the operator shall inform the Energy Market Agency in writing of the transition to the sustainability scheme and provide the necessary information on the time of transfer and the consent of the transfer.
The transferee shall be responsible to the operator for the obligations laid down in this Act and shall be entitled to issue certificates of sustainability pursuant to Article 23 on the transfer of the decision on the transfer of information.
At the same time, when deciding to transfer the approval decision, the Energy Market Agency shall review the approval decision in respect of the matters referred to in Article 14 (2).
More detailed provisions may be notified by a decree of the Council of Ministers.
The operator shall, on a regular basis and in accordance with the approval decision, provide the verifier with a mandate to verify compliance with the operator's sustainability scheme in accordance with the approval decision.
The audit shall assess the implementation of the operator's sustainability scheme in a systematic and adequate manner and shall establish that there is no significant deviation from compliance with the sustainability scheme.
More detailed provisions may be adopted by the Government Decree.
The verifier shall draw up a report dated and signed pursuant to Article 20 ( Audit report ).
The audit report shall identify the operator's sustainability management system, the conduct of the audit and the findings of the audit, the development needs and other considerations. The inspection report shall include the verifier's verification of compliance with the operator's sustainability scheme in accordance with the approval decision and an opinion on the corrective measures necessary.
More detailed provisions on the inspection report may be adopted by a Council Regulation.
The operator shall inform the Energy Market Agency without delay:
(1) permanent changes relating to the condition of the approval of the operator's sustainability scheme or the criterion of the provision of the authorisation decision;
2) the necessary corrective measures as set out in the opinion contained in the audit report;
(3) any changes to the operator's sustainability scheme as regards the operator or operator's organisation;
(4) for the production, manufacture, importation and consumption of biofuels, bioliquids, raw materials or fuels containing raw materials or fuels intended for use in the performance scheme of the operator for more than one year. In the case of extradition or use.
The provisions to be notified may be adopted by a Council Regulation.
An operator whose durability system has been approved in accordance with this Chapter and which complies with the requirements laid down in this Chapter and the provisions of the decision of approval may issue a biofuel, bioliquids and raw material Proof of compliance with the sustainability criteria.
More detailed provisions on the sustainability certificate may be laid down by a Council regulation.
An operator certified or approved in accordance with a voluntary national or international scheme approved by the European Commission may demonstrate compliance with the sustainability criteria for biofuels and raw materials , as regards the application of Article 6 of the scheme, or an indication of the sustainability criteria laid down in Articles 7 to 9, and in other respects, the Commission, acting in accordance with Article 6, As provided for in this Chapter.
The durability certificate shall be accepted as proof of compliance with sustainability criteria if the operator holds:
(1) information on the biofuel, bioliquids and raw materials of the material covered by the operator's durability scheme until five years have elapsed since that batch of biofuels or bioliquids are: The quantity used or released for consumption or the batch of raw material has been released; and
(2) until five years have elapsed since the expiry of the validity of the approval decision or withdrawal of the data relating to the performance of the operator's sustainability scheme.
Certificates or information referred to in Article 24 shall be accepted as proof of compliance with sustainability criteria if the operator maintains the information and the period provided for in paragraph 1.
More detailed provisions on data retention may be adopted by the Government Decree.
The applicant shall be admitted:
(1) which is independent of the verifier referred to in this Act;
(2) has sufficient professional, independent staff for the purposes of this law;
(3) with equipment, equipment and systems required for operation;
(4) which, having regard to the nature and extent of the activity, has sufficient liability insurance or other equivalent sufficient to be considered sufficient.
More detailed provisions on the conditions for approval may be laid down by a Council regulation.
The Energy Market Agency shall, on application, approve the Finnish Community or the Foundation or any such part as a verifier, if the fulfilment of the conditions laid down in Article 26 has been demonstrated by the law on the qualification of conformity assessment services (1920/2005) In accordance with the provisions
The approval decision shall specify the area of competence of the verifier and shall, in order to safeguard public and private interests, take the necessary measures concerning the activities of the verifier. The decision may be adopted for a limited period.
The verifier approved in a State belonging to the European Economic Area shall be treated as the verifier referred to in paragraph 1 if the verifier is an entity or a foundation, or a body, and fulfils the conditions laid down in Article 26 and has complied with the conditions laid down in Article 26; The corresponding procedure provided for in the Law on the qualification of conformity assessment services.
More detailed provisions on the procedure in which the verifier is adopted and the assessment of the conditions for approval may be adopted by a Council Regulation.
The verifier shall issue the opinions referred to in Articles 13 and 17 and carry out the inspection referred to in Article 20 and draw up an inspection report in accordance with Article 21.
The verifier shall monitor the development of the provisions and standards in its field of activity and shall cooperate with other verifiers in its field of activity, as necessary to ensure consistency between operating practices.
The verifier shall inform the Energy Market Agency of any changes which may have an impact on the fulfilment of the conditions laid down in Article 26.
Each year the verifier shall submit to the Energy Market Agency a report on its activities and its results.
Details of the verifier's tasks and the performance of the verifier and the clearing obligation may be laid down by a Council Regulation.
The verifier shall be applied in the performance of the public administrative tasks entrusted to it by the law in accordance with the law of the public authorities (18/09/1999) , the law on electronic transactions (2003) , administrative law (2003) And language law (2003) .
The worker employed by the verifier shall be subject to the provisions relating to criminal law in the performance of his duties as referred to in paragraph 1.
Liability for damages is governed by the law on damages (1999) .
The Energy Market Agency may amend the competence area as defined in the Decision approving the verifier. The modification of the area of competence shall be subject to the provisions of Article 26 and Article 27 (1) concerning the approval and the conditions of the verifier. The Agency may also amend the order provided for in the Decision if it is necessary to ensure that the verifier's duties are carried out properly. The amendment of the order shall apply as provided for in Article 27 (2). The matter of the modification of the qualification area and of the order may also be initiated upon application by the verifier.
The Energy Market Agency may revoke the decision approving the verifier if:
(1) incorrect or incomplete information given in the application or in its Annex which has materially affected the discretion of the decision;
(2) the verifier no longer fulfils the conditions for recognition or the verifier has materially failed or infringed the obligation or restriction laid down in this Act, or the order given to the verifier; Observations and warnings have not led to remedial action.
The operator shall draw up a report on the fulfilment of the sustainability criteria for biofuels and bioliaesthetic consignments released for consumption during the calendar year ( Sustainability criteria, ) And forward it to the Energy Market Agency by the end of February of the following year.
The sustainability criteria should indicate the raw materials for biofuels and bioliesters released for consumption, biofuels and bioliquids contained in consignments released for consumption and compliance with sustainability criteria Information on demonstration. The sustainability criteria shall be accompanied by a copy of the inspection report or equivalent verification data.
More detailed provisions on the transmission of sustainability criteria and the information to be provided in the sustainability criteria can be adopted by a Council regulation.
The Agency shall have the right to obtain the information necessary for the enforcement of the provisions of this Act from the operator.
The Agency shall have the right, without prejudice to the confidentiality rules, to obtain from other public authorities and other public administrations the information necessary to monitor compliance with the provisions of this Act concerning: Factors relevant to the assessment and assessment of the conditions for the approval of the operator's durability scheme and the assessment of the sustainability criteria.
Without prejudice to the confidentiality rules, the verifiers shall be obliged to provide each other with the information necessary for the cooperation of the verifiers and the information necessary for the purposes of monitoring the Energy Market Agency.
In addition to the provisions of the law on public access to the public authorities, the Agency shall, without prejudice to the obligation of professional secrecy laid down in law, disclose information obtained from the tasks referred to in this Act:
1) the prosecution and the police to prevent and investigate the crime;
(2) the customs authority for the tasks referred to in the Law on the supply and control of taxation and the promotion of the use of biofuels in transport;
3) to the Traffic Safety Agency for the control tasks set out in the Air Traffic Emissions Trading Act;
(4) the State Aid Authority for the purpose of supervising the State aid referred to in Article 2 (2);
(5) to be forwarded to the Ministry of Employment and the Economy for transmission to the competent institution of the European Union or to any other body of the Union if, in the legislation of the European Union or of other obligations relating to Finland's membership of the European Union, Required.
The Energy Market Agency shall have the right to access premises and areas controlled by the operator or where biofuels or bioliquids or raw materials are produced or manufactured in accordance with sustainability criteria, if this is the law , and to carry out checks there and to take other measures necessary for monitoring. The audit shall respect the provisions of Article 39 of the Administrative Code. Representatives of the other authority may also be present.
In the case of permanent residence, control measures may be extended only if there is reason to suspect that the criminal code (39/1889) Article 16 (8) , the offence referred to in Section 1 of Chapter 30 or Article 1 of Chapter 33 is necessary to establish the facts of the case.
The operator and the rest of the audit should assist the Energy Market Agency in carrying out the inspection.
When carrying out an inspection, the Energy Market Agency shall have the right to take the documentation of the operator's durability system, or a copy thereof, to meet the sustainability criteria for biofuels and bioliquids and raw materials. Or a copy thereof and any other material to be checked if it is necessary for the purpose of carrying out the audit objectives. The material shall be returned without delay when the inspection no longer requires possession of the material.
The Energy Market Agency may:
(1) prohibit any infringement of this law or of any provision or provision adopted pursuant to it, to continue or to repeat a procedure contrary to that provision or order;
(2) order the person in breach of this law or of any provision or provision adopted pursuant to it to fulfil its obligations.
The Energy Market Agency may intensify its prohibition or orders pursuant to this Act, under penalty payments, or at the risk of commissioning or suspension, as in the case of the (1113/1990) Provides.
Police officers are required to provide administrative assistance (493/1995) . The customs authorities shall, where necessary, be obliged to provide administrative assistance in order to monitor compliance with this law and the provisions adopted pursuant to it.
Every intention.
(1) in breach of the provision laid down in Article 14 (2), the obligation to grant an order referred to in Article 20 (1), the notification obligation laid down in Article 22 (1) (1) or (2) or Article 31; The obligation to give an assessment of the sustainability criterion or the requirements of its content, or
(2) to issue a certificate of sustainability referred to in Article 23 (1) or to demonstrate compliance with the sustainability criteria referred to in Article 24 in breach of the conditions laid down in the loans;
Shall be condemned, unless the law provides for a heavier penalty in the rest of the law, Infringement of the sustainability criteria Fine.
However, the act referred to in paragraph 1 shall not be punishable if, in the light of the act, its harmfulness and harmfulness and other aspects of the act are of minor importance.
Any breach of a prohibition or provision of a penalty imposed pursuant to Article 35 may be waived for the same offence.
The Energy Market Agency may, on application, provide prior information as to whether the raw material is considered as waste, residues, inedible cellulose or ligno-cellulosic material for the purposes of promoting the use of biofuels in transport Law and the excise duty on liquid fuels.
The application shall contain information on the raw material and the assessment and assessment of the case. The application shall not be made to the extent that the Energy Market Agency has already settled the case in the decision approving the operator's sustainability scheme.
Prior information is valid until further notice. The Energy Market Agency may withdraw its ex ante information as a result of a change in the interpretation of a provision made by a judicial authority, or for any other specific reason.
More detailed provisions on the application for raw materials and advance information referred to in paragraph 1 may be adopted by a Council Regulation.
In Articles 14, 16, 17, 19 and 27 of the Energy Market Agency, the decision referred to in Article 30 (1) and Article 38 may require an adjustment of the Energy Market Agency as provided for in the Administrative Act.
The decision to be amended and the decision of the Energy Market Agency adopted pursuant to this Act shall be appealed against in the manner in which the law on administrative law (18/06/1996) Provides. However, the decision that the Energy Market Agency has decided not to give prior information shall not be subject to an appeal. The decision of the Administrative Court on the decision of the Energy Market Agency referred to in paragraph 1 shall only be subject to appeal if the Supreme Administrative Court grants an appeal.
In spite of the appeal, the decision taken by Article 18, Article 30 (2) or Article 35 of the Energy Market Agency shall be complied with, unless the Court of Appeal decides otherwise.
The decision taken by the Energy Market Authority under Article 38, which has acquired legal force, shall be complied with at the request of the applicant, unless the rule applied when the decision has been adopted has been amended or has been withdrawn. However, the decision withdrawn at the request of the applicant shall be followed for two calendar months from the beginning of the following calendar month, in which case the withdrawal was notified to the applicant.
The general criteria for the level of payment and the amount of the charges levied by the Energy Market Agency under this Act, as well as the other criteria for payments, are laid down in the State Payment Act (150/1992) .
Payments and costs under this law are directly enforceable. Their succession is governed by the law on the implementation of taxes and charges (20/2007) .
This Act shall enter into force on 1 July 2013.
For the first time, the sustainability criteria shall be submitted to the Energy Market Agency for biofuels and bionesteeritems released for consumption during 2014.
THEY 13/2013 , PeVL 12/2013, YmVL 8/2013, TaVM 9/2013, EV 58/2013, Directive 2009 /28/EC of the European Parliament and of the Council, Directive 2009 /30/EC of the European Parliament and of the Council
