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German draft RED III bill to raise GHG quota

  • : Biofuels, Emissions, Hydrogen
  • 25/06/19

Germany's economy and climate ministry has published a draft bill to amend the Federal Immission Control Act, aiming to implement the EU's Renewable Energy Directive (RED III) into national law. The proposal includes sweeping changes to the country's greenhouse gas (GHG) reduction quota.

The draft sets out a gradual increase in the GHG quota to 53pc by 2040, up from the previous target of 25.1pc in 2030. The trajectory to 2030 has also been slightly adjusted. The proposal meets a long-standing demand from the biofuels industry for a scaled-up quota increase.

The draft includes a mechanism to raise the quota two years later if over-compliance occurs — triggered when total compliance in a given year already meets the quota set for two years ahead.

It also proposes abolishing the double-counting option for biofuels classified as advanced, while increasing their minimum sub-quota to 3pc by 2030, up from 2.6pc. Many market participants had anticipated the removal of the double-counting option, which would increase the volume of compliance options needed to meet the mandate.

Renewable fuels would only be eligible if state inspectors can conduct on-site inspections of production facilities — a measure aimed at reducing the potential for fraud in biofuel accounting.

The draft also revises which fuels can be used to meet the quota. Soy- and palm oil-based fuels will no longer be eligible, including fuels derived from palm oil by-products such as palm oil mill effluent (Pome) oil. Pome oil-based fuels had previously qualified for the advanced sub-quota under a clause that allowed single-counting despite their classification as advanced. This regulation will take effect immediately once the legislative amendment is enacted.

Caps for food-and-feed-crop-based and waste-based fuels will also be adjusted. The limit for food-and-feed-crop-based fuels will fall to 3pc of the energy supplied by an obligated party by 2030, down from 4.4pc. The cap for feedstocks listed in Annex IX Part B of RED — such as used cooking oil (UCO) — will rise to 2.8pc by 2039, up from 1.9pc.

The legislation would introduce a minimum quota for renewable fuels of non-biological origin (RFNBOs), measured by energy content. This would start at 0.1pc in 2026 and rise to 12pc by 2040. RFNBOs include synthetic fuels such as power-to-liquid (PtL) e-fuels and green hydrogen.

The draft extends the scope of the GHG quota to the aviation sector, which previously had a separate quota for renewable fuels. Maritime transport is now also subject to the GHG quota. But fuels used in shipping that would be creditable for road transport cannot be used to meet the quota. This prevents companies from completely shifting their compliance obligation from road transport to shipping.

The draft is now under consultation with industry associations. The bill is expected to be submitted to parliament for debate in October, following adjustments based on feedback. A member of the environment committee said at a panel discussion on 4 June that the bill should ideally come into force on 1 January 2026. The draft proposes that changes to the GHG quota take effect at the start of a new compliance year to avoid market distortions that could occur if the law were to change mid-year.


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