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MOTION FOR A RESOLUTION (C(2024)01585 – 2024/2694(DEA))

On the Commission delegated directive of 14 March 2024 amending Annex IX to Directive (EU) 2018/2001 of the European Parliament and of the Council as regards adding feedstock for the production of biofuels and biogas

B-9-2024-0218

on behalf of the Greens/EFA group · Rapporteur: Martin Häusling

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Parliament's resolution objects to the Commission delegated directive of 14 March 2024 that adds feedstock to Annex IX of Directive (EU) 2018/2001 on renewable energy. It says the Commission exceeds its delegated power under Article 28(6) by widening the definition of feedstock processable only with advanced technologies. It finds the added feedstock carries fraud and land-demand risks, and that intermediate crops and crops on degraded land lack clear monitoring rules. It asks the Commission to subject such delegated acts to public consultation and impact assessment, and to notify the Commission and member states that the directive cannot enter into force.

Key points

  1. Parliament objects to the Commission delegated directive of 14 March 2024 adding feedstock for biofuels and biogas to Annex IX of Directive (EU) 2018/2001.
  2. It instructs its President to notify the Commission that the delegated directive cannot enter into force.
  3. It considers the Commission exceeds its delegated power under Article 28(6) by significantly expanding the definition of feedstock processable only with advanced technologies.
  4. It urges the Commission to make delegated acts under Directive (EU) 2018/2001 systematically subject to public consultation and impact assessment under point 13 of the Interinstitutional Agreement on Better Law-Making.
  5. It instructs its President to forward the resolution to the Council and to member state governments and parliaments.
  6. It notes the assessment report identifies a medium risk of fraud for damaged crops not fit for food or feed, and a high risk for crops grown on severely degraded land.
  7. It notes the assessment report recommends cyanobacteria and fusel oils be included only in Part B of Annex IX, and identifies a risk of market distortion for fusel oils.
  8. It finds the term 'intermediate crops' is very broad, with no mechanism to prevent fraud such as incorrect labelling or use in well-established crop rotations.
  9. It notes the assessment report identifies a high risk of additional land demand and market distortion for intermediate crops, which are typically ploughed into the soil for agronomic and environmental effects.
  10. It finds there is a lack of clear guidance on how to avoid triggering additional land demand and on how to monitor maintenance of soil organic matter content for intermediate crops.
  11. It notes the condition on maintaining soil organic matter might be met only with external inputs, and that crops on severely degraded land risk increased use of synthetic fertilisers and pesticides.
  12. It finds the delegated directive adds feedstock characterised by land properties or cultivation practices that cannot be reliably monitored, representing a high risk of fraud.

Who is affected

  • The Commission, which is told the delegated directive cannot enter into force and is urged to consult and assess impacts.
  • The Council and member state governments and parliaments, which receive the resolution.
  • Farmers and land managers, for whom rules on intermediate crops and degraded land affect cultivation and soil practices.
  • The biofuels and biogas sector, which would use the added feedstock.

Figures and deadlines

  • 14 March 2024, date of the Commission delegated directive.
  • 25 June 2019, deadline for the Commission's first review of the feedstock list.
  • 13 April 2016, date of the Interinstitutional Agreement on Better Law-Making.

Legal basis: Article 290 of the Treaty on the Functioning of the European Union