Regulation (2011:1088) About The Sustainability Criteria For Biofuels And Bioliquids

Original Language Title: Förordning (2011:1088) om hållbarhetskriterier för biodrivmedel och flytande biobränslen

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2011:1088

/Rubriken expires U: 2016-01-01/General provisions



Article 1 this regulation lays down rules that connect to

Act (2010:598) on sustainability criteria for biofuels and

liquid biofuels.



/Rubriken entry into force: 01/01/2016/Regulator



section 2 of the Swedish Energy Agency is the supervisory authority pursuant to Chapter 4.

section 1 of the Act (2010:598) on sustainability criteria for biofuels

and liquid biofuels.



/Rubriken entry into force: 01/01/2016/glossary section 3/expires U: 2016-01-01/concepts used in this regulation have the same meaning

as the Act (2010:598) on sustainability criteria for

biofuels and bioliquids.



3 section/entry into force: 01/01/2016 Words and expressions used in this regulation have the same meaning as in the Act (2010:598) on sustainability criteria for biofuels and bioliquids.

Regulation (2015:839).



Sustainability criteria



Greenhouse gas reduction



4 § The greenhouse gases covered by the requirements for reduced emissions

According to Chapter 2. section 1 of the Act (2010:598) on sustainability criteria for

biofuels and bioliquids are carbon dioxide, nitrous oxide,

(N2O) and methane.



§ 5 in the calculation of the reduction of greenhouse gas emissions

According to Chapter 2. section 1 of the Act (2010:598) on sustainability criteria for

biofuels and bioliquids shall be increased or decreased

carbon dioxide emissions due to land use

be taken into account.



With land use change refers to changes in vegetation cover

between the following six land categories: woodland, grassland,

arable land, wetlands, settlements, and other land.



section 6 of the Swedish Energy Agency may provide additional

procedure for the reduction of greenhouse gas emissions

According to Chapter 2. section 1 of the Act (2010:598) on sustainability criteria for

biofuels and bioliquids shall be calculated. Before

authority makes such provisions, the environmental protection agency,

National Board of forestry and the State's agricultural work is given the opportunity to

leave comments.



Biological sustainability criteria



section 7 of the Swedish Energy Agency may provide additional

regulations establishing criteria and geographical scope of the

areas referred to in Chapter 2. paragraph 2 of the first subparagraph, (c) Act

(2010:598) on sustainability criteria for biofuels and

liquid biofuels. Before the authority makes such

Regulation, the environmental protection agency, National Board of forestry and the State

agricultural work is given the opportunity to comment.



section 8 of the Swedish Energy Agency may provide additional

regulations establishing criteria and geographical scope of the

areas referred to in Chapter 2. section 3(1) the law (2010:598)

If sustainability criteria for biofuels and liquefied

bio fuels. Before the authority makes such provisions

to the environmental protection agency, National Board of forestry and the State's agricultural work

given the opportunity to comment.



section 9 If the forest is felled for infrastructural purposes in a

area referred to in Chapter 2. paragraph 4 (b) and (c) Act (2010:598)

If sustainability criteria for biofuels and liquefied

biofuels, biofuels and bioliquids

produced by raw materials from this logging is considered

sustainable.



section 10 of the Land, on which it is grown perennials, such as

coppice (salix, hybrid Aspen and poplar), Christmas trees,

fruit trees, berry bushes, etc. shall not be considered as such

land areas as described in Chapter 2. paragraph 4 (b) and (c) Act (2010:598) if

sustainability criteria for biofuels and liquefied

bio fuels. However, this applies only provided that:

cultivation takes place on land under national rules do not

is forest land.



section 11 of the State's energy authority may announce additional

regulations establishing criteria and geographical scope of the

areas referred to in Chapter 2. paragraph 4(1) the law (2010:598)

If sustainability criteria for biofuels and liquefied

bio fuels. Before the authority makes such provisions

to the environmental protection agency, National Board of forestry and the State's agricultural work

given the opportunity to comment.



section 12 of the Swedish Energy Agency may provide additional

regulations establishing criteria and geographical scope of the

areas referred to in Chapter 2. paragraph 5, first subparagraph, Act (2010:598)

If sustainability criteria for biofuels and liquefied

bio fuels. Before the authority makes such provisions

to the environmental protection agency, National Board of forestry and the State's agricultural work

given the opportunity to comment.



Reporting obligations



paragraph 13 of the report referred to in Chapter 3. 1 e § law (2010:598) if

sustainability criteria for biofuels and bioliquids

to refer to a calendar year and shall be submitted to the supervisory authority

no later than 1 april of the year following the calendar year.



The Swedish Energy Agency may announce details relating to the

the reporting obligation.



Control system



Requirements on control system



section 14 of the control system referred to in Chapter 3. 1 a of the law

(2010:598) on sustainability criteria for biofuels and

bioliquids shall contain procedures to ensure

to the different stages in the production chain, using a

mass balance system



1. agrees that parties with raw materials or biomass fuels with different

sustainability characteristics can be mixed;



2. requires that information about the sustainability characteristics and

the sizes of the consignments referred to in paragraph 1 shall remain attached to the

mixture, and



3. determines that the sum of all parties being taken from

the mixture should be described having the same sustainability characteristics, in the

the same quantities, as the sum of all consignments added to it

the mixture.



Control system need not include verification of the

criteria mentioned in Chapter 2. paragraph 6 of the same law are met.



The Swedish Energy Agency may announce further provisions

If the control system and the review of such systems.



Description of the control system



section 15, The description of the control system which, in accordance with Chapter 3. 1

b of the Act (2010:598) on sustainability criteria for biofuels

and bioliquids shall be submitted to the supervisory authority

should contain



1. a description of the production chains that can be handled by

control system,



2. a description of the reporting obligation

control systems design and function, particularly with respect

on the method for sampling and mass balance, on the one hand calculation

According to Chapter 2. paragraph 1 of the same law of reduction of emissions of

greenhouse gases,



3. a description of the risk assessment is the basis

for control system design, and



4. a dossier proving the independence and competence of the

independent Inspector referred to in Chapter 3. paragraph 1 (a)

the same law.



The Swedish Energy Agency may announce details relating to the

description of the control system and for review of

sustainability statement.



Significant changes in control system



section 16 of the State's energy authority may notify the details

on notification of material changes in the control system according to 3

Cape. 1 c § law (2010:598) on sustainability criteria for

biofuels and bioliquids.



Sustainability information for specific amounts



section 17 of The that are reportable according to Chapter 3. section 1 of the Act

(2010:598) on sustainability criteria for biofuels and

liquid biofuels and lacking a sustainability information but

as proof that a given quantity of biofuels or

liquid biofuels are sustainable, are entitled to the

the supervisory authority have a sustainability statements of this

variety of.



The Swedish Energy Agency may announce further provisions

If proof of the sustainability of biofuels and liquefied

bio-fuels in the context of the granting of sustainability information for

specific amounts.



Voluntary national or international schemes



section 18 if the European Commission has taken a decision on

approval of a voluntary national or international

system in accordance with article 18 of European Parliament and Council

Directive 2009/28/EC on the promotion of the use of energy

from renewable sources and amending and subsequently

repealing directives 2001/77/EC and 2003/30/EC and

reportable buy certified biofuels and

liquid biofuels need the circumstances covered by

the system does not fall within the scope of the reporting obligation

control system.



If the European Commission has taken a decision on

approval of a voluntary national or international

system in accordance with article 18 of European Parliament and Council

Directive 2009/28/EC on the promotion of the use of energy

from renewable sources and amending and subsequently

repealing directives 2001/77/EC and 2003/30/EC and

the reporting obligation is certified under this scheme, it is considered

the circumstances covered by the scheme constitute the

the reporting entity control systems. Descriptions according to

section 15 is represented in this case by the certification evidence.



The Swedish Energy Agency may announce details relating to the

the relationship between voluntary national and international

systems and control systems.



/Rubriken expires U: 2016-01-01/independent auditors



/Rubriken entry into force: 01/01/2016/Fixed information for biofuels § 19/new designation section 24 U: 2016-01-01/

The independent auditor shall be independent of the

to the companies and people he reviews.



The independent reviewer must have the technical and financial

skills required, taking into account the audited

the nature and extent of the risk, to perform the independent

the review.



The Swedish Energy Agency may announce further provisions

about the independent reviewer's independence and competence to

shown by the reporting obligation.



the entry into force of section 19 of/in: 2016-01/01/It control system to show that a biofuel that is added to the basis for deductions under Chapter 7. Lagen (1994:1776)


If the tax on energy is not livsmedelsbaserat to contain the procedures set forth in section 14. Regulation (2015:839).



/Rubriken expires U: 2016-01-01-other provisions



20 §/expire U:2016-01-01 by Regulation (2015:839)./Swedish Swedish power networks shall inform

supervisor of business reporting under section 9 other

paragraph Regulation (2003:120) If certificates of

elcertifikatberättigad electricity production from biomass.



20 section/entry into force: 01/01/2016/the control system shall demonstrate that a livsmedelsbaserat biofuels that are added to the basis for deductions under Chapter 7. the Act (1994:1776) on tax on energy has been produced in a facility that has been in operation before 31 december 2013 and is not fully depreciated, should include procedures ensuring that each lot of biofuels 1. can be traced to the establishment where it was produced, and



2. have been produced in a facility that is covered by a certificate from an independent accountant or other independent auditor with equivalent expertise that the requirements are met.



Traceability requirements referred to in the first subparagraph 1 shall be fulfilled in accordance with the procedures set forth in section 14. In the case of a plant that produces biogas that is delivered by pipeline, however, requires only that it appears that the same amount of biogas that is added to the basis for deductions under Chapter 7. the Act on tax on energy has been purchased from the plant.



Anyone who buys biofuels only from suppliers who have fixed rulings, may satisfy the first paragraph 2 through a routine that ensures that the certificate is available in a previous vendor in the production chain.

Regulation (2015:839).



section 21/new designation section 25 U: 2016-01-01/

The Swedish Energy Agency shall send a statement of announced

and withdrew the sustainability information to the Swedish tax agency.



section 21/entry into force: 01/01/2016 At a request for fixed information, the reporting obligation to account for the Swedish Energy Agency how the control system is designed.



section 22/entry into force: 01/01/2016/Swedish Energy Agency may provide a fixed statement relating to a certain limited period of time, if the reporting taxpayer attests to 1. requirements for fixed slips are satisfied for the biofuels during the period is added to the basis for deductions under Chapter 7. the Act (1994:1776) on tax on energy, and 2. This has been verified in the manner referred to in section 19 or by data to ensure it is said in paragraph 20 1 and 2. Regulation (2015:839).



23 section/entry into force: 01/01/2016/Swedish Energy Agency may provide for the enforcement of sections 19 to 22. Regulation (2015:839).



/Rubriken entry into force: 01/01/2016/independent auditors



24 §/entry into force: 01/01/2016/The independent auditor shall be independent of the

to the companies and people he reviews.



The independent reviewer must have the technical and financial

skills required, taking into account the audited

the nature and extent of the risk, to perform the independent

the review.



The Swedish Energy Agency may announce further provisions

about the independent reviewer's independence and competence to

shown by the reporting obligation. Regulation (2015:839).



/Rubriken entry into force: 01/01/2016/information to the Swedish tax agency section 25/entry into force: 01/01/2016/Swedish Energy Agency shall send a statement of sustainability announced and withdrawn and fixed statements to the tax office. Regulation (2015:839).