Sustainability Issues in Biomass Feedstock Production: A Policy Perspective - Engineering and Science of Biomass Feedstock Production and Provision - page 239

9.2.2 The European Union

Unlike in the United States, which has only the RFS at the federal level as its bioen-
ergy policy, and California, with its multifaceted A.B. 32, the EU Renewable Energy
Directive (RED) and Fuel Quality Directive (FQD) combine both a mandate and
LCFS. Both directives became fi nal in April 2009. The RED requires that energy
from renewable sources, such as biomass, makes up 20 % of the total EU energy
supply by 2020 [ 59 ]. Ten percent of the total energy used for transportation must be
from renewables, which would be counted toward the 20 % overall mandate.
Member states bear responsibility for fulfi lling these commitments through national
action plans, including implementing schemes to guarantee that feedstocks for bio-
fuels meet sustainability criteria enumerated in Article 17 of the directive. These
criteria include meeting increasingly more stringent GHG minimum thresholds
(concurrent amendments made to the FQD require all transportation fuels to reduce
their emissions by 10 % by 2020 [ 60 ], like the California LCFS), land-based sourc-
ing prohibitions (lands with high biodiversity or carbon values), and cross-
compliance [ 61 ] with existing agro-environmental laws. “Economic operators” are
required to seek independent audits to verify that these criteria are met and must
report as part of verifi cation “appropriate and relevant information on measures
taken for soil, water and air protection, the restoration of degraded land, the avoid-
ance of excessive water consumption in areas where water is scarce and appropriate
and relevant information concerning measures taken” [ 59 ].
Cross-compliance measures required in Article 17(6) of the EU RED are con-
tained in the Common Agricultural Policy (CAP) [ 59 ]. This requirement for bioen-
ergy recognizes that since the early 1990s, the EU has shifted toward a policy of
“multifunctionality” of agriculture—that agriculture should produce environmental
and societal goods and services in addition to food, feed, fi ber, and energy [ 62 ].
Beginning in 2003, the EU implemented changes to the farm subsidy program con-
tained in the CAP in order to create better balance and consistency between rural
development and sustainability objectives [ 63 ].
Whether a producer receives a direct payment for income support, or support
under the EU rural development policy, the CAP requires producers to observe
“cross-compliance” with environmental, food safety, plant and animal health, pub-
lic health, animal welfare, and environmental condition rules [ 61 , 64 , 65 ]. Cross-
compliance contains two elements. “Statutory management requirements,” or
SMRs, include 19 different pieces of EU legislation, including directives on wild
birds, sewage sludge, wastes, nitrates, release of dangerous substances into aquatic
environments, habitats, ground water, and plant protection products [ 61 ]. Second,
all producers who receive subsidies must maintain lands in good agricultural and
environmental condition (GAEC) [ 61 ]. The CAP establishes a minimum standards
framework for GAEC relating to soil protection, organic matter and structure,
avoiding deterioration of habitats, and water protection and management. Beyond
cross-compliance and GAEC, producers can voluntarily adopt agri-environmental
measures (AEMs) in return for payments under the EU rural development policy