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Clarification on “grandf. clause”

pursuant to RED III Article 29 (15) in the SURE-EU system

In the context of the implementation and application of the SURE-EU system, we have repeatedly received questions regarding the interpretation and practical application of the “grandfathering clause” pursuant to Article 29 (15) of RED III. This clarification serves to remove uncertainties among system participants and certification bodies and to ensure uniform application.

 

1. Background to the grandfathering clause

 

The grandfathering clause under Article 29(15) of Directive (EU) 2023/2413 (RED III) is intended to enable Member States (!) to grant economic operators a longer transition period for the implementation of the new sustainability requirements (Article 29 (2-7)) and greenhouse gas reduction obligations required by RED III under very specific conditions. Economic operators who can make use of a transitional arrangement may continue to be certified according to the sustainability and greenhouse gas reduction requirements of RED II until December 31, 2030.

To this end, Member States must define a corresponding transitional rule in the national implementation of RED III into national law and notify the EU Commission. If the transitional arrangement is confirmed by the EU Commission, it can be used in the country. There is no central register showing which Member States are using the transitional arrangement.

It is possible that member states will make full use of the transitional arrangement, or only partial use (e.g., only for Article 29(10) greenhouse gas reduction, or only for certain biomass fuels), or no use at all. It is also possible that the transitional arrangement will apply differently within a country, e.g., in the case of different feed-in support systems. In such cases, it is particularly important to examine the supply chain closely to determine which biomass fuel with which properties is used within which feed-in support system. 

 

2. Applicability of the “grandfather clause” regardless of national laws

 

The basis for implementing the grandfather clause is Article 29 (15) of Directive (EU) 2023/2413 (RED III). RED III has been in force since May 21, 2025, and certification systems have been required to implement the provisions of RED III, including the grandfathering rule in Article 29 (15), since May 21, 2025.

Voluntary systems such as SURE-EU verify only compliance with the requirements of RED III and not compliance with national legislation. 

Economic operators have therefore been able to obtain certification under the grandfathering rules of RED III since May 21, 2025.

SURE has introduced the following scopes for the grandfathering clause

  • “7101 Grandfathering rules ‘RED II sustainability criteria’” and
  • “7102 Grandfathering rules ‘RED II greenhouse gas criteria’”.

for economic operators who, after registration, are audited for compliance with the SURE-EU requirements of the Technical Guidance on the “Implementation of Article 29(15) of Directive (EU) 2023/2413 (RED III) – Grandfathering” in the subsequent audit. 

If the audit is successfully completed and a certificate with the grandfathering scope(s) has been issued, economic operators may, in accordance with the requirements of the SURE-EU system, produce/accept, process, and also use biomass that meets the requirements of RED II without this constituting a violation of the requirements of the SURE-EU system.

BUT (!!): this is not synonymous with the conformity of the national feed-in support system. Biomass or electricity/heat from biomass fuels produced under the grandfathering rule may therefore be compliant with SURE-EU but still non-compliant with the requirements of the national legal framework if the latter does not provide for a transitional arrangement under RED III Art. 29 (15). 

It is not the task of SURE, but of the respective competent national authority, to ensure that so-called “RED II-certified biomass” is only used in plants whose subsidy system allows for the grandfathering rule.

The following scenarios are therefore possible:

  • A 2 MW biogas plant generates electricity under the national feed-in tariff system (eg German Renewable Energy Sources Act (EEG)). It is assumed that the national legislation (eg German BioSt-NachV), that implements the RED III in the feed-in tariff system (eg German EEG), provides for the possibility of grandfathering, but only for Art. 29 (10). The biogas plant may therefore only use biomass that meets the requirements of RED III Art. 29 (2-7). However, the GHG reduction obligations of RED II Art. 29 (10) will continue to apply until December 31, 2030. Other RED III obligations, such as the use of the Union database, remain in place.
  • The same applies to biomass plants under the national feed-in tariff system (eg German Renewable Energy Sources Act (EEG)), but already from 7.5 MW, even though the scope of RED II was still 20 MW. The transitional arrangement only refers to the criteria for sustainability and greenhouse gas reduction (RED III Art. 29 (2-7) + (10).
  • For biogas or biomass plants that are not covered by the national legislative implementation of the RED III (eg German BioSt-NachV) but participate in emissions trading, for example, the grandfathering rules do not automatically apply unless they are explicitly anchored in the corresponding national legal implementation, e.g., the German Emissions Trading Ordinance (EHV) 2030.
  • Economic operators can be certified under the SURE-EU system in accordance with scopes 7101 and 7102 even if no grandfathering rule is permitted in the country where the company is based. The use of “RED II-certified” biomass does not constitute a violation of the SURE-EU system requirements, as it is sustainable biomass in accordance with RED III Art. 29 (15). However, this would then be detrimental to funding in the national feed-in tariff system if grandfathering rules are not permitted. The different qualities (biomass according to RED II or RED III) must therefore be distinguished in terms of mass balance and reported accordingly to the competent authorities when issuing sustainability certificates in order to determine eligibility for funding.
  • Producers of biomass fuel can also be certified under scopes 7101 or 7102 if no grandfathering rule is permitted in the country where the company is based, but the biomass fuel may be exported to a country with a grandfathering rule. The decisive factor is therefore not the country in which an economic operator is based, but the subsidy regime in which the biomass is used.

 

3. Inclusion of sustainable material up to 12 months prior to certification

 

Furthermore, it is clarified that, within the framework of the implementation of Article 29 (15) RED III, sustainable material that was included by self-declaration up to a maximum of 12 months prior to the date of initial certification or extension of the scope can be recognized as sustainable if the relevant requirements of the SURE-EU system are met. This is ensured by verification in accordance with the SURE-EU system requirements and presupposes that

  • the biomass has not been processed and is already included in the mass balance.
  • documentation of compliance with the sustainability requirements in the SURE-EU system is complete, and
  • a self-declaration from the producer was submitted retroactively.