German regulators have said a producer of hydrotreated vegetable oil (HVO) that has been using the country's Nabisy biomass registry may not exist.
The federal office of agriculture and food (BLE) said an investigation begun in mid-April found that biofuels sustainability verification scheme ISCC withdrew the suspended user's certification on 8 January, excluding the operator from the scheme for 48 months because of "a lack of co-operation with the ISCC integrity programme".
The BLE had suspended Nabisy access for the company, which had the ID EU-BM-13-SSt-10022652. The company was listed on its ISCC certificate as based in the UAE, and provided an address in Hong Kong for its audit, BLE said.
Matching details provided by BLE with Argus research show the producer is likely to be EcoSolution, which said it was producing HVO from crude tall oil, used cooking oil (UCO) and spent bleaching earth oil. The company's audit was done by certification body Certi W Baltic on 5 September 2024, according to ISCC documentation.
Argus could not locate a biofuels producer by the name of EcoSolution for comment. Argus asked Certi W Baltic and the ISCC for comment but did not receive responses by the time of publication.
BLE said it was suspicious that the concerned producer booked all of its proof of sustainability (PoS) onto the Nabisy account of a supplier whose certification records show an address in the Netherlands. But that company's audit report shows the same Hong Kong address as EcoSolution.
ISCC certification of the Dutch supplier remains active, but the BLE also has "considerable doubts" about that company's existence.
ISCC audit records show AEY Trading received ISCC 'trader with storage' certification on the same day as EcoSolution, also from Certi W Baltic. Certi W's audit summary shows AEY received an on-site audit on 8 September from the same auditor as EcoSolution.
Any PoS issued by the suspended producer, which had been temporarily frozen, have been unblocked and will remain valid based on the 'protection of confidence' principle laid out in the German biofuels sustainability ordinance, which protects buyers in the biofuels market. To delete affected PoS that have been sold to others, the BLE would need to prove the buyer was aware of any fraud in relation to the product purchased. In practice this is "almost impossible", according to German biofuels association VDB.
"The protection of confidence principle has become a free pass for lack of due diligence and care," the association said. "Today, European biofuels market participants do not have to worry about any consequences if they buy cheap biofuels with dubious origin."
VDB wants urgent reform of the corresponding part of legislation, to grant the BLE more power when it comes to revoking fraudulent sustainability paperwork.
PoS that has been re-released into the market could comprise a large amount of HVO, possibly in the hundreds of thousands of tons, according to market participants.
