The Environment Committee of the Bundestag will debate today a new proposal reflecting on the agreement reached last week. We analyse here the full content of the new draft, which contents many unexpected changes. Note that all those items can still be modified until the final vote.
Changes to amendment of the Bundes-Immissionsschutzgesetzes (main law)
§37a Obligations definitions
§37a 4: GHG targets change
§37a 5.9: Recycled Carbon Fuels added to the list of eligible products
§37b Definition and eligibility of biofuels
§37b 8
- On-site inspection obligation from 2027 only is confirmed.
- Eligibility of biofuels certified as “low ILUC”.
- Ban of High ILUC biofuels will be enforced only from the year following the amendment of the EU 2019/807.
- AF C3 made eligible to the THG quota.
§37c Reporting obligations, penalties
No change.
§37d Features delegated to the Federal Cabinet
§37d 2.21: Impose a cap on certain categories of Animal Fats.
§37d 2.22: Determine that renewable fuels used outside of the land sector are not eligible to the THG quota fulfilment.
§37 2a: Stipulate that “biofuels may only be credited towards the fulfillment of obligations “…” if certain ecological and social requirements for sustainable biomass production and the protection of natural habitats are met in the production of the biomass used, and if the biofuel exhibits a certain reduction in greenhouse gas emissions.
§37g Evaluation of the situation by Cabinet
§37g 2a: Evaluate (by 15 December 2028) the availability of animal fats and how the increasing demand for biofuels from these raw materials affects other sectors of use.
Changes to the 2024 ordinance on crediting of electricity-based fuels and co-processed biogenic oils towards the greenhouse gas quota ( -> §37.BlmSchV)
Co-SAF eligible towards RefuelEU
§3b RFNBO sub-targets change, increasing steeply from 2030 compared to the Federal Cabinet submitted draft (more in line with the original Jun-25 proposal).
§12.2 Co-processed fuels produced 9B are also eligible to the THG quota (vs only 9A).
§12.6 Share of biogenic content in co-SAF must be determined by using a main verification method permitted under Article 1(1) of Delegated Regulation (EU)2023/1640 (including C14), in line with changes proposed by the Cabinet for co-HVO.
§13 4+5 Biogenic hydrogen used in cars: new multiplier of 2 for crediting under the THG quota, multiplied by an efficiency factor (Annex)
§14 Obligation for on-site inspection applied to RFNBO producers as well.
Changes to the regulation on establishing further provisions under the THG-quota ( -> §38.BlmSchV)
§5.3 Multiplier credit to electricity in road change.
§7.6 Introduction of a specific multiplier for electricity used in buses and trucks.
§13.1 Cap on food crop change. It is increased to 4.9% e.c from 2026, re-decreased from 2028 and then re-increased from 2029 until it reaches 5.8% in 2033.
§13c Cap on AF C3 set at 0.3% e.c.
§14 End of double counting for 9A biofuels used on top of the sub-target.
