Albeit not binding, the Q&A document aims to address questions about practical implementation raised by industry leaders in response to the publication of the two Delegated Acts for Renewable Fuels of Non-Biological Origin (RFNBOs) in RED II on June 20th, 2023.

Since then, the European Commission has regularly met with audit companies and voluntary schemes, including CertifHy, to discuss the implications of the implementation requirements established in the Delegated Acts. On March 14th, 2024, an enriched version was published with the several notable developments:

• First, the Q&A introduces flexibility to the requirements applied to the definition of a power purchase agreement (PPA) in the context of renewable energy procurement. The Delegated Act allows fuel producers to conclude one or more renewable PPAs – a contract under which a natural or legal person agrees to purchase renewable electricity directly from an electricity producer — directly or via intermediaries. The term “intermediaries” has been discussed at great length within the industry, as the Commission’s first version of the Q&A indicated that a “direct contractual link” between the power producer and the hydrogen producer was necessary. In the updated version, only a “direct relationship between the electricity producer and the hydrogen producer” is required.

• The latest version of the document also provides new guidelines for processing derivatives and the conditions for claiming the use of renewable power for ancillary functions that may impact project set-ups.

• Finally, the European Commission offers additional guidance for identifying bidding zone-equivalents outside of the European Union.

CertifHy has analyzed the updated Q&A documents and revised its EU RFNBO Voluntary Scheme documents accordingly. Those documents are currently undergoing the recognition process by the European Commission.