The European Commission has published its delegated act for determining high indirect land use change (ILUC)-risk feedstocks.

The delegated act was published in the EU Official Journal on 21 May and supplements the EU’s recast of its Renewable Energy Directive (REDII), published last December.

“It represents the legal basis to determine what feedstocks bear a high risk of causing ILUC and to define a methodology for low ILUC additional production,” said the EU Vegetable Oil and Protein Meal Industry (FEDIOL) association.

“FEDIOL acknowledges the importance of closing this pending item and providing further clarity on the legislative framework for crop-based biofuels beyond 2020.”

The delegated act has drawn fire from Malaysia and Indonesia for classifying palm oil from large plantations as a high ILUC-risk feedstock that should be capped at its 2019 level of consumption.

It was also criticised by the European association of farmers and cooperatives (Copa Cogeca) for granting a special exemption to palm oil smallholders, and for excluding other palm oil products from its scope.

Fediol said a first review of the delegated act and the development of a more detailed implementing act were foreseen by June 2021.

“We hope that sound and robust criteria for low ILUC methodology be established in order to avoid malpractices, while still leaving the possibility to sustainable additional production volumes – even from crops initially defined as high ILUC-risk – to find their way into the EU market” FEDIOL stated.