The Fit for 55 legislative Proposal defines 'renewable fuels of non-biological origin’ (RFNBO) as liquid and gaseous fuels the energy content of which is derived from renewable sources other than biomass (see European Commission Proposal for a Directive of the European Parliament and of the Council amending Directive (EU) 2018/2001 of the European Parliament and of the Council, Regulation (EU) 2018/1999 of the European Parliament and of the Council and Directive 98/70/EC of the European Parliament and of the Council as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/652, COM(2021) 557 final).
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Member states will have the possibility to discount the contribution of RFNBOs in industry use by 20% under two conditions:
20 June 2023 Commission Delegated Regulation (EU) 2023/1184 of 10 February 2023 supplementing Directive (EU) 2018/2001 of the European Parliament and of the Council by establishing a Union methodology setting out detailed rules for the production of renewable liquid and gaseous transport fuels of non-biological origin published in the EU Official Journal Commission Delegated Regulation (EU) 2023/1185 of 10 February 2023 supplementing Directive (EU) 2018/2001 of the European Parliament and of the Council by establishing a minimum threshold for greenhouse gas emissions savings of recycled carbon fuels and by specifying a methodology for assessing greenhouse gas emissions savings from renewable liquid and gaseous transport fuels of non-biological origin and from recycled carbon fuels published in the EU Official Journal
30 March 2023 Council and Parliament reach provisional deal on renewable energy directive (RED III) to raise the share of renewable energy in the EU’s overall energy consumption to 42.5% by 2030 with an additional 2.5% indicative top up that would allow to reach 45%. The provisional agreement provides that, among others, industry would increase their use of renewable energy annually by 1.6%.
27 June 2022 Fit for 55 - Council agrees on higher targets for renewables |
Current provisions on renewable fuels of non-biological origin under RED II are limited in scope and apply to transport only. Additionally, the RED II requires that the production of RFNBOs should be based on renewables and follow the additionality principle (Recital 90).
Fit for 55 Package established the rule that gas and electricity from renewable sources are to be considered only once for the purposes of calculating the share of gross final consumption of energy from renewable sources. Energy produced from renewable fuels of non-biological origin shall be accounted in the sector - electricity, heating and cooling or transport - where it is consumed.
The proposal included the requirement for the EU Member States to ensure that the contribution of renewable fuels of non-biological origin used for final energy and non-energy purposes was 50 % of the hydrogen used for final energy and non-energy purposes in industry by 2030. Calculation of that percentage is to be made in accordance with the new Article 22a of the RED II.
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Directive (EU) 2023/959 of the European Parliament and of the Council of 10 May 2023 amending Directive 2003/87/EC establishing a system for greenhouse gas emission allowance trading within the Union and Decision (EU) 2015/1814 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading system, Recital 68
Renewable liquid and gaseous fuels of non-biological origin and recycled carbon fuels can be important for reducing greenhouse gas emissions in sectors that are hard to decarbonise. Where recycled carbon fuels and renewable liquid and gaseous fuels of non-biological origin are produced from captured CO2 under an activity covered by this Directive, the emissions should be accounted for under that activity. To ensure that renewable fuels of non-biological origin and recycled carbon fuels contribute to greenhouse gas emission reductions, and to avoid double counting for fuels that do so, it is appropriate to explicitly extend the empowerment in Article 14(1) of Directive 2003/87/EC to the adoption by the Commission of implementing acts laying down the necessary adjustments for how to account for the eventual release of CO2, in a way that ensures that all emissions are accounted for, including where such fuels are produced from captured CO2 outside the Union, while avoiding double counting and ensuring appropriate incentives are in place for capturing emissions, taking also into account the treatment of those fuels under Directive (EU) 2018/2001.
Regulatory chronicle
9 October 2023
42% of the hydrogen used in industry should come from renewable fuels of non-biological origin (RFNBOs) by 2030 and 60% by 2035.
Member states will have the possibility to discount the contribution of RFNBOs in industry use by 20% under two conditions:
- if the member states’ national contribution to the binding overall EU target meets their expected contribution,
- the share of hydrogen from fossil fuels consumed in the member state is not more 23% in 2030 and 20% in 2035.
20 June 2023
Commission Delegated Regulation (EU) 2023/1184 of 10 February 2023 supplementing Directive (EU) 2018/2001 of the European Parliament and of the Council by establishing a Union methodology setting out detailed rules for the production of renewable liquid and gaseous transport fuels of non-biological origin published in the EU Official Journal
Commission Delegated Regulation (EU) 2023/1185 of 10 February 2023 supplementing Directive (EU) 2018/2001 of the European Parliament and of the Council by establishing a minimum threshold for greenhouse gas emissions savings of recycled carbon fuels and by specifying a methodology for assessing greenhouse gas emissions savings from renewable liquid and gaseous transport fuels of non-biological origin and from recycled carbon fuels published in the EU Official Journal
30 March 2023
Council and Parliament reach provisional deal on renewable energy directive (RED III) to raise the share of renewable energy in the EU’s overall energy consumption to 42.5% by 2030 with an additional 2.5% indicative top up that would allow to reach 45%.
The provisional agreement provides that, among others, industry would increase their use of renewable energy annually by 1.6%.
27 June 2022
Fit for 55 - Council agrees on higher targets for renewables
Directive on the promotion of the use of energy from renewable sources (RED)
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