Law (2010:598) On Sustainability Criteria For Biofuels And Bioliquids

Original Language Title: Lag (2010:598) om hållbarhetskriterier för biodrivmedel och flytande biobränslen

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2010:598

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.