ClientEarth’s contribution to the public consultation on the draft Implementing Regulation on the guidance for demonstrating compliance with the sustainability criteria under the Renewable Energy Directive

ClientEarth argues that the draft Implementing Regulation fails to distinguish between legal harvesting and sustainable sourcing, relies on a 'box-ticking' approach to compliance, and excludes critical evidence provided by civil society organisations. The organisation calls for clearer definitions of 'significant lack of enforcement', a broader scope of applicable biomass facilities, and stronger obligations for Member States to verify information and maintain up-to-date databases.

• ClientEarth asserts that current scientific knowledge contradicts the classification of forest biomass as a renewable energy source, describing it as an "inefficient and climate- and environment-deteriorating source of energy".
• The document argues that the sustainability criteria in REDII confuse the legality of harvesting with sustainable sourcing, meaning that compliance with national laws does not guarantee that harvesting practices are actually sustainable.
• ClientEarth claims the sustainability criteria apply to too few facilities, specifically only those with a total rated thermal input of 20 MW or more for solid biomass and 2 MW or more for gaseous biomass, which excludes many residential heating installations.
• The draft Implementing Regulation is criticised for treating compliance as a "box-ticking exercise" that only confirms the existence of laws rather than qualitatively assessing their effectiveness.
• ClientEarth highlights a lack of a uniform definition for what constitutes a "significant" lack of enforcement of laws, which they argue leaves the assessment to the subjective determination of individual operators.
• The document argues that the draft regulation unfairly limits admissible evidence by relying on official governmental reports and ignoring information from non-governmental organisations, who often perform the primary investigative work on destructive forestry.
• ClientEarth warns that allowing Member States to establish public databases to reduce administrative burdens for operators could blur responsibility for gathering reliable information and lead to the use of biomass from protected areas if databases are not kept up-to-date.

APA

ClientEarth (2021). ClientEarth’s contribution to the public consultation on the draft Implementing Regulation on the guidance for demonstrating compliance with the sustainability criteria under the Renewable Energy Directive. https://www.clientearth.org/media/qrdogls1/clientearth_ir-on-operational-guidance-on-sustainability-criteria-opc_april2021_final.pdf

Chicago

ClientEarth. ClientEarth’s contribution to the public consultation on the draft Implementing Regulation on the guidance for demonstrating compliance with the sustainability criteria under the Renewable Energy Directive. 2021. https://www.clientearth.org/media/qrdogls1/clientearth_ir-on-operational-guidance-on-sustainability-criteria-opc_april2021_final.pdf.

Wikipedia

{{cite press release |author=ClientEarth |title=ClientEarth’s contribution to the public consultation on the draft Implementing Regulation on the guidance for demonstrating compliance with the sustainability criteria under the Renewable Energy Directive |date=April 2021 |url=https://www.clientearth.org/media/qrdogls1/clientearth_ir-on-operational-guidance-on-sustainability-criteria-opc_april2021_final.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@misc{clientearth2021clientearths, author = {{ClientEarth}}, title = {{ClientEarth’s contribution to the public consultation on the draft Implementing Regulation on the guidance for demonstrating compliance with the sustainability criteria under the Renewable Energy Directive}}, publisher = {ClientEarth}, year = {2021}, month = apr, url = {https://www.clientearth.org/media/qrdogls1/clientearth_ir-on-operational-guidance-on-sustainability-criteria-opc_april2021_final.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }