On May 19, 2022, the Royal Decree 376/2022, which regulates the sustainability criteria and reduction of emissions greenhouse gases (hereinafter GHG) of the biofuels, bioliquids y biomass fuels, as well as the system of guarantees of origin of renewable gases.

With the entry into force of this RD, It will allow consumers to differentiate between gases from renewable sources and gases from fossil sources (renewable hydrogen, biogas or biomethane), as well as the sustainability criteria for solid biomass and biogas, biofuels and illiquids for transport.

Who benefits from this legal provision?

  • Electrical power production facilities using renewable energy sources, cogeneration, and waste, belonging to the following categories, groups, and subgroups:
    • Producers who use cogeneration or other forms of electricity production from waste energy.
    • Facilities that use any of the non-fossil renewable energies as their primary energy source.
    • Facilities that use as primary energy waste with energy recovery not included in the previous category.

How will this affect businesses?

If we delve a little deeper into the subject, the RD, Article 8 indicates that the economic agents must demonstrate the compliance of the sustainability criteria and reduction of the GHG emissions that are applicable to them, in order to obtain the sustainable consideration, which must be accepted through one of these methods, or a combination thereof:

  1. A voluntary system recognized by the European Commission for this purpose, such as the protocol ISCC.
  2. A national regime approved by the European Commission.
  3. In the cases for which it is provided, to National Sustainability Verification System regulated in this royal decree and the regulations that develop it.

Sustainability Criteria

This new regulation will also create a Register of Gas Production Facilities from renewable sources and a Producers' Committee. Producers and marketers will be able to exchange:

  • ✅ Guarantees of origin in a transparent and secure manner within the system.
  • ✅ Production documentation.
  • ✅Transfer and cancellation of origin guarantees.

The guarantees of origin They will certify the volume of gas and its quality, since it will differentiate between hydrogen obtained with renewable energy, biomethane, biogas or other gases, and will cover any renewable gas produced and consumed, whether on site, self-consumed, injected or not into the gas pipeline network.

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Source: Energia.gob.es, BOE, Infosald.