Implementation of RED3 requirements: Transition period and ‘grandfathering clause’

2025-07-15

Nederlandse versie

The European Commission recently informed Better Biomass and other EU-recognized certification schemes about two issues related to the implementation of the sustainability requirements laid down in the Revised Directive EU/2018/2001, commonly known as RED3. Better Biomass has implemented the RED3 requirements through the Interpretation Document RED III, which has now been incorporated into the +A1:2025 versions of the scheme documents. The relevant issues are (1) the transition period and (2) the ‘grandfathering clause’.

Transition Period

The Commission has clarified that no general transition period will be granted for the implementation of the RED3 requirements after 21 May 2025. The following rules apply to Better Biomass-certified companies:

• All Better Biomass audits must be conducted from May 21, 2025, in accordance with the new version of the Better Biomass scheme documents (the +A1:2025 versions of the scheme documents contain the sustainability requirements as laid down in RED3);
• Biofuels, biomass fuels, and bioliquids produced and certified before May 21, 2025, in accordance with the old version of the Better Biomass scheme documents (the 2015 versions of NTA 8080-1 and NTA 8080-2, NCS 8080:2018-08, and Interpretation Document No. 8) remain valid (these 2015/2018 versions contain the sustainability requirements as laid down in RED2, the previous version of the European directive);
• Biofuels, biomass fuels, and bioliquids produced after 21 May 2025 must comply with the sustainability requirements of the new 2024+A1:2025 versions of the Better Biomass scheme documents, even if they are made from feedstock stored before 21 May 2025.

The Commission’s clarification above is in line with Better Biomass’s previous communication regarding the effective date of the new scheme documents.

‘Grandfathering Clause’

The so-called ‘grandfathering clause’ is laid down in Article 29(15) of the revised Directive EU/2018/2001 (RED3). The transitional provision allows certain biofuels, bioliquids, and biomass fuels to continue to comply with the RED2 sustainability requirements until 31 December 2030, instead of the RED3 sustainability requirements. More specifically, it concerns biofuels, bioliquids, and biomass fuels produced in installations in the EU that received a subsidy decision or other financial support from an EU Member State before 20 November 2023. A condition is that a Member State has individually decided to apply the transitional provision to its financial support instrument and subsequently communicates this decision to the EU-recognized certification systems.

In other words, biofuels, bioliquids, and biomass fuels may comply with version 2015/2018 of the Better Biomass scheme documents instead of version 2024+A1:2025 until 31 December 2030, provided that all of the following conditions are met:

• The biofuels, bioliquids, or biomass fuels were produced in an installation in an EU Member State;
• The installation received financial support from the Member State concerned, and that support was granted before 20 November 2023;
• The Member State in question has decided to use the grandfathering clause and has informed Better Biomass of this decision.
• Better Biomass has informed its certificate holders and certification bodies of the Member State’s decision.

To date, Better Biomass has not been informed by any EU Member State of any decisions regarding the grandfathering clause. This means that there are currently no exceptions to the required implementation of version 2024+A1:2025 of the Better Biomass scheme documents, as explained above under “transition period.”

In the future, Better Biomass will communicate any information it receives regarding decisions by EU Member States regarding the grandfathering clause to its certificate holders and certification bodies.

If you have any questions or require support in interpreting these requirements, please feel free to contact us.