Chapter 1. Introductory provisions
1 §/expires U: 2016-01-01/by this law is implemented certain provisions of
European Parliament and Council directive 2009/28/EC of 23
April 2009 on the promotion of the use of energy from
renewable sources and amending and subsequently
repealing directives 2001/77/EC and 2003/30/EC.
The law contains provisions on the criteria that biofuels
and bioliquids must meet in order for the energy from
These forms of energy should be taken into account for the purposes referred to in paragraph 3 of the
the first paragraph (sustainability criteria).
1 section/entry into force: 01/01/2016/Act contains provisions on the criteria that biofuels and bioliquids should comply in order to be considered to be sustainable (sustainability) and on sustainability information to show this. The law also contains provisions on the fixed statement for biofuels.
Law (2015:838).
2 §/expires U: 2016-01-01/for the purposes of the Act, the importance
as it is stated:
"biomass" means the biodegradable fraction of products,
biological waste and residues from agriculture,
forestry and related industries, including fishing and
aquaculture, as well as the biodegradable fraction of
industrial and municipal waste;
"biofuels" means liquid or gaseous fuels
produced from biomass and which is used for transport purposes,
liquid biofuels: liquid fuels for other
for energy purposes than transport purposes produced from biomass;
waste means any substance or object which the holder discards
or intends or is required to discard;
residuals: materials remaining after a completed
process, whose main purpose is not to produce this material
and where the process is not intentionally changed to produce
the material,
the production chain: the production process begins with cultivation
of biomass, including the manufacture of fertilizers for cultivation,
and that goes on until the use of biofuel
or the liquid bio-fuel.
If the biofuel or liquid biofuel produced by
waste or other waste products than those from agriculture,
aquaculture, fisheries and forestry "means only that portion of the
the production process begins with the disposal of
waste or residues. Law (2011:1065).
2 section/entry into force: 01/01/2016 in this law means "biomass" means the biodegradable fraction of products, waste and residues of biological origin from agriculture, forestry and related industries including fisheries and aquaculture, as well as the biodegradable fraction of industrial and municipal waste, biofuels: liquid or gaseous fuels produced from biomass and which is used for transport purposes,
food-based biofuels: biofuels produced from grains or other starchy crops or from sugar or oil crops, liquid biofuels: liquid fuel for energy purposes other than transport purposes, produced from biomass, waste: any substance or object which the holder discards or intends or is required to discard, and
residuals: materials remaining after a completed process, whose main purpose is not to produce this material and where the process is not intentionally changed in order to produce the material.
Production chain in this law means the production process begins with the cultivation of biomass, including the manufacture of fertilizers for cultivation, and going on until the use of biofuel or liquid bio-fuel.
If the biofuel or liquid biofuels produced from waste or other waste products than those from agriculture, aquaculture, fisheries and forestry, means only that part of the production process that begins with the disposal of waste or residues. Law (2015:838).
section 3 Only energy from biofuels and bioliquids
that fulfil the sustainability criteria set out in Chapter 2. 1-5 of may
to be considered for meeting the requirement for the share of energy from
renewable energy sources in final energy consumption
According to article 3, paragraphs 1, 2 and 4 of Directive 2009/28/EC.
Biofuels and bioliquids produced from
waste and other waste products than those from agriculture,
aquaculture, fisheries and forestry may be taken into account even if
the criteria in Chapter 2. 2-5 paragraphs are not met.
Biofuels and bioliquids meets
the sustainability criteria set out in this Act is considered as sustainable.
Chapter 2. Sustainability criteria
1 § to biofuel or bioliquids shall be deemed to
as sustainable, the use of these fuels cause a
reduction of greenhouse gas emissions by at least 35 percent of
relative to emissions of fossil fuels rather than had
been used. The reduction shall be made concerning the emissions
occurs in the production chain.
For biofuels and bioliquids shall be construed as
sustainable, the use of these fuels from 1
January 2017, lead to a reduction of greenhouse gas emissions
with at least 50% relative to the emissions of fossil
fuels had been used instead.
For biofuels and bioliquids that are
produced in establishments which became operational on 1 January 2017
or later to be sustainable, the use of these
fuels from January 1, 2018, result in a reduction
of greenhouse gas emissions by at least 60% of
relative to emissions of fossil fuels rather than had
been used.
The Government or the authority that the Government may
notify additional regulations on how the reduction of the
greenhouse gas emissions should be calculated. Law (2011:1065).
2 § to biofuel or bioliquids shall be deemed to
as sustainable may not these fuels produced from raw materials
from the land which on 1 January 2008 or later consisted of
any of the following types of areas, whether in the ground
still have this nature or not:
a) natural forest or other wooded land of native species,
where there are no clearly visible indications of human
activities and where ecological processes are not disrupted in
significant extent,
b) grassland with great biodiversity in the absence of
human activities remains grassland and keeps the
natural species composition and ecological characteristics and
processes,
c) grassland with great biodiversity in the absence of
human activities would cease to be grassland and as
is rich in species and not damaged, or
d) areas of law or by order of a public authority
been designated as conservation areas.
The first paragraph does not apply
a) If, within an area referred to in the first subparagraph, point (c) is
necessary to collect raw material for preserving soil status
that grassland and these raw materials used to produce
biofuels and bioliquids, or
(b)) for the production of raw materials for biofuels and liquefied
biofuels do not affect the purposes that apply to such
area specified in the first subparagraph (d).
The Government or the authority that the Government may
announce additional rules on criteria and geographic
the scope of the areas referred to in the first subparagraph, (a) to (c).
Law (2011:1065).
3 § to biofuel or bioliquids shall be deemed to
as sustainable may not these fuels produced from raw materials
from the ground in areas such as 1 January 2008 or later
been designated as protected areas to protect rare, threatened
or endangered ecosystems or species recognised by
international agreements or included in lists that have
prepared by intergovernmental organizations or by
International nature protection Union. This applies regardless of whether the
the land still has this nature or not.
The first paragraph does not apply if the production of raw materials to the
biofuels and bioliquids does not affect the purposes
applicable to such an area referred to in the first subparagraph.
The Government or the authority that the Government may
announce additional rules on criteria and geographic
the scope of the areas referred to in the first subparagraph.
Law (2011:1065).
4 § to biofuel or bioliquids shall be deemed to
as sustainable may not these fuels produced from raw materials
from the land which on 1 January 2008 was made up of any of
the following habitat types, but no longer do so when raw materials
harvested or cleared:
a) wetlands, meaning the land throughout the year or a
significant part of the year is covered or saturated by water,
b) continuously forested areas, meaning the land areas
that includes more than one hectare with trees higher than 5
metres and a canopy that covers more than 30% of the surface
or with existing trees that can achieve these values, or
c) land areas covering more than one hectare with trees
higher than 5 metres and a canopy covering between 10 and 30
per cent of the surface or with existing trees that can achieve these
values.
The first paragraph does not apply if the land use within
an area referred to in (c) implies that the requirements of paragraph 1 are met.
The Government or the authority that the Government may
announce additional rules on criteria and geographic
the scope of the areas referred to in the first subparagraph.
Law (2011:1065).
5 § to biofuel or bioliquids shall be deemed to
as sustainable may not these fuels produced from raw materials
from the land which on 1 January 2008 was peatland, unless
appears that the cultivation and harvesting or harvesting of the raw material is not
entails drainage of previously odikad land.
The Government or the authority that the Government may
announce additional rules on criteria and geographic
the scope of the areas covered. Law (2011:1065).
6 § to biofuels or bioliquid, which has
produced by agricultural commodities grown in the European
the Union shall be considered as sustainable raw material should be done in
accordance with
a) article 6(1) and annex III of Council Regulation (EC) no
73/2009 of 19 January 2009 establishing common
rules for direct support schemes for farmers under
the common agricultural policy and establishing certain
support schemes for farmers, amending regulations (EC)
No 1290/2005, (EC) No 378/2007 and repealing
Regulation (EC) No 1782/2003, and
(b)) the acts referred to in annex II to the regulation,
paragraphs 1 to 5 and 9.
Chapter 3. Reporting, sustainability information and control system
section 1 of the Reporting obligation is the one who
(a)) according to Chapter 4. the Act (1994:1776) on tax on energy is
taxable for fuel which consists wholly or partly in the
biofuels or bioliquid, or
b) in professional activities using liquid bio-fuel
does not constitute or form part of the fuel that is taxable
According to the Act on tax on energy.
The Government or the authority that the Government may
provide for exceptions from the
the reporting obligation referred to in the first subparagraph.
The Government or the authority, as the Government determines
Announcing details of the reporting obligation.
Law (2011:1065).
1 a of The that is reportable by a
control systems ensure that biofuels and liquefied
biofuels to be reported are considered to be sustainable.
The reporting obligation shall, by means of agreements, direct
or indirectly, with all players in the whole production chain
and a sample of these stakeholders ensure that the requirement in
the first paragraph is met.
A rapporteringsskyldigs control system should be examined by a
independent reviewers. The inspector should check that
the control system is accurate, reliable and protected against
fraud. The review should also include an evaluation
the method of sample to be included in the inspection system and the
stick the frequency of samples. In addition, the review must include a
evaluation of the information which the reporting taxpayer has
left about its control systems.
The independent auditor shall express an opinion on a certificate
the control system.
The Government or the authority that the Government may
notify additional regulations on control systems and
review of such systems. Law (2011:1065).
1 b of The that are reportable to the
the regulator file a description of its
control system together with the independent reviewer
certificate.
The supervisory authority will be in a special resolution determine whether
the reporting entity control system meets the requirements
According to paragraph 1 (a) (sustainability statement).
A sustainability statement valid until further notice but will be reconsidered.
The Government or the authority, as the Government determines
announce details relating to the description of the control system
and the establishment and review of sustainability information.
The Government or the authority that the Government may
announce further provisions concerning proof of durability
of biofuels and bioliquids. Law (2011:1065).
1 c § It granted a durability statement shall, without
delay notify substantial changes in its control system
to the supervisory authority.
The Government or the authority, as the Government determines
announces the details of notifications pursuant to the first
paragraph. Law (2011:1065).
1 d § a sustainability statement should be withdrawn in whole or in part
of the supervisory authority of the
(a)) the reporting obligation or any that are included in the
reporting entity the production chain is violating commitments
in the control system in such a way that it reasonably can
It is assumed that the biofuels and bioliquids
not reported can be considered sustainable,
(b)) the reporting obligation or any that are included in the
reporting entity the production chain is violating commitments
in the control system in such a way that the sustainability of the
biofuels and bioliquids that
the reporting obligation reports cannot be assessed on a
satisfactory manner, or
(c)) it is clear that the biofuel and liquid
biofuels are not reported can be considered to be sustainable despite
that the commitments of the control system are observed.
Withdrawal must not happen when calling the inaccuracies.
A withdrawal decision shall be effective immediately. Law (2011:1065).
1 e § It is reportable to the
supervisor report the amount
a) sustainable biofuels and sustainable liquid biofuels, as
constitutes or forms part of the fuel for which the
the reporting entity liability have entered under 5
Cape. the Act (1994:1776) on tax on energy, and
b) sustainable liquid biofuels referred to in article 1, first subparagraph
(b) the reporting obligation has been using.
If a reporting obligation has taken such measures as
mentioned in the second subparagraph of article 18(3) of Directive 2009/28/EC shall
These actions are reported to the regulatory authority.
The Government or the authority, as the Government determines
Announcing details of the reporting obligation
According to the first and second subparagraphs. Law (2011:1065).
section 2 of The which is reportable under this Act shall
report this to the regulatory authority. A notification must be made
last two weeks of the reporting obligation has
entered.
The person ceases to be the reporting obligation shall notify
to the supervisory authority within two weeks after
the reporting obligation has ceased.
section 3 of the Government announces that authorities
supervises compliance with laws which met
sustainability criteria is a precondition of membership
of certain rights shall, upon request from the supervisory authority
under this Act, submit information which might contribute to the
identify the reporting required under this Act.
3 a Cape. /Kapitlet entry into force: 01/01/2016/facility information
§ 1 if that is reportable to a biofuels under Chapter 3. Article 1, first subparagraph, (a) request and there is a control system that shows that the fuel or the facility in which the fuel was produced to satisfy the requirements of this chapter, the supervisory authority shall specify this in a special resolution (the fixed statement).
Law (2015:838).
section 2 of the Control system shall demonstrate that a biofuel that is added to the basis for deductions under Chapter 7. 3 (a), 3 (c), 3 (d) or section 4 of the Act (1994:1776) on tax on energy
1. is not livsmedelsbaserat, or
2. is livsmedelsbaserat but is produced in a facility that has been in operation before 31 december 2013 and is not fully depreciated. Law (2015:838).
section 3 of the Government or the authority that the Government may provide for the design of the control system and the requirements under section 2 must be satisfied for a fixed statement should be given. Law (2015:838).
section 4 of The who have received a fixed vengeance shall without delay notify to the regulatory authority any changes which are relevant to the right to information. Law (2015:838).
paragraph 5 of the supervisory authority shall revoke a fixed decision on conditions for the decision are no longer met.
A withdrawal decision shall be effective immediately.
Law (2015:838).
Chapter 4. Supervision
section 1 Supervision over compliance with this Act and the
regulations that have been issued in connection with the law exercised
by the authority that the Government determines
(the regulator).
section 2 of the regulatory authority has the right to request the
information and to obtain the documents necessary for
supervision. A request may be subject to a penalty.
section 3 of the regulatory authority may inform the injunctions
necessary to ensure compliance with the regulations
within the scope of supervision. An injunction may be subject to a penalty.
Chapter 5. Appeal
section 1 of the regulatory authority's decision under this Act may
be appealed to the administrative court.
Leave to appeal is required for an appeal to the administrative court.
Transitional provisions
2010:598
1. this law shall enter into force on 1 January 2010 in the case of 3
Cape. paragraph 2 of the first paragraph, on 1 January 2011 in the case of Chapter 3.
Article 1, second paragraph, and in General on August 1, 2010.
2. For biofuels and bioliquids that are
produced in installations that were in operation on 23 January 2008
apply Chapter 2. Article 1, first subparagraph from 1 april
2013.
