EU REDIII grandfathering clause: application

Under the EU’s Renewable Energy Directive EU/2023/2413 (REDIII), a grandfathering clause allows certain biomass installations to continue operating under the sustainability criteria of the previous Directive EU/2018/2001 (REDII) until 31 December 2030. This transitional provision is designed to protect long-term investments made under REDII, provided specific conditions are met.

Importantly, this clause is only applicable within EU Member States, and only if a Member State chooses to invoke it. Certificate Holders should be aware that:

• The clause applies to installations that received support before 20 November 2023 under REDII.
• It is not automatic, Member States must formally notify the European Commission and relevant stakeholders of their decision to apply the clause.
• As of now, France is the only Member State that has invoked the grandfathering clause.

If you operate in an EU Member State and believe your installation may qualify, we recommend checking with your national authority or regulatory body to confirm whether the clause has been applied and what documentation may be required.

What Certificate Holders and Certification Bodies need to know

For Biomass Producers

• You may choose to demonstrate compliance with REDII sustainability and GHG requirements instead of REDIII.
• This is only allowed if all conditions under Article 29(15) of REDIII are met.
• This option is valid only when supplying biomass exclusively to EU Member States that have invoked the grandfathering clause.

For Traders

• If you choose to trade only REDII-compliant biomass to Member States using the grandfathering clause, you may continue to follow REDII requirements.
• In this case, you must only handle REDII-compliant biomass, no mixing with REDIII-compliant material.
• If you are already compliant with REDIII, you may trade with both REDII and REDIII markets, but you must maintain a separate Mass Balance system to track each type.

For End-users

• If you operate in a Member State that has invoked the grandfathering clause, you may choose to use REDII-compliant biomass.
• You may also purchase biomass from suppliers that are REDIII-compliant.
• If you are REDIII-compliant, you are allowed to use biomass that meets either REDII or REDIII requirements.

If any of the above applies to you, you will need to comply with the REDII documentation available below. SBP will continue to monitor developments and provide guidance to Certificate Holders and Certification Bodies as more Member States clarify their positions.