The online consultation on the Biomass Sustainability Decree has closed. Parties could respond to the proposal for uniform sustainability requirements for bio-based raw materials in the construction and chemical sectors up to and including July 13, 2026. Until now, no uniform standard applied to these sectors, or the rules varied by application, even when concerning the same raw material stream.
According to the explanatory notes accompanying the decision, this leads to an uneven playing field. The decision requires demonstrating the sustainable origin of bio-based raw materials through certification or verification, regardless of their ultimate use. This applies only to subsidized and regulated flows within the construction and chemical sectors. A separate regime already applies to the energy sector via the European RED III.
Certification with public supervision
The Cabinet is building upon existing European frameworks. The requirements align with the RED III Directive and make use of certification schemes already approved by the European Commission. The specific standards a party must meet are not yet stated in the decree itself. This will be elaborated later in a ministerial regulation.
Public oversight is linked to the private certification system. Through a separate amendment to the Environmental Management Act, the Netherlands Emissions Authority (NEa) is granted the power to supervise certification and verification bodies. Consequently, it does not inspect individual biomass suppliers, but rather the bodies that issue certificates on their behalf. In the event of violations, the NEa can impose sanctions, up to and including an administrative fine.
The decision is an elaboration of the SER advisory report “Biomass in Balance”, in which the Cabinet was advised to develop a uniform set of requirements for the sustainable origin of bio-based raw materials. It forms part of the broader sustainability framework for bio-based raw materials, which also includes high-value use and cascading of bio-based raw materials.
Now that the consultation is closed, the submitted responses are being processed. The linked consultation on the amendment to the Environmental Management Act, which regulates the powers of the NEa, also closed on July 13.
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