Government Decree No. 574 / 2025 Coll.
Government Regulation amending Government Regulation No. 189 / 2018 Coll., on the sustainability criteria for biofuels and the reduction of greenhouse gas emissions from fuel
Valid
Regulation
Effective from 01.01.2026
574
GOVERNMENT REGULATION
of 3 December 2025
amending Government Regulation No 189 / 2018 Coll., on the sustainability criteria for biofuels and the reduction of greenhouse gas emissions from fuel
The Government orders pursuant to § 20a (7) and § 21 (13) of Act No. 201 / 2012 Coll., on Air Protection, as amended by Act No. 42 / 2025 Coll.:
Government Decree No. 189 / 2018 Coll., on the sustainability criteria of biofuels and the reduction of greenhouse gas emissions from fuel, as amended by Government Decree No. 492 / 2020 Coll., Government Decree No. 107 / 2022 Coll. and Government Decree No. 108 / 2025 Coll., is amended as follows:
1.
Subject matter
This Regulation implements the relevant provisions of the European Union1) and provides for
(a) sustainability and greenhouse gas emission saving criteria for biofuels;
(b) the baseline value of greenhouse gas emissions production for fossil fuels;
(c) the method of calculating greenhouse gas emissions from fuel;
(d) the content of the emissions report;
(e) the list of raw materials for the production of advanced biofuels and the list of raw materials for the production of advanced biofuels;
(f) requirements for the quality system and the mass balance system ensuring compliance with the sustainability and greenhouse gas emission saving criteria for biofuels and the relevance of the biomass producer documentation;
(g) the formalities for the certificates provided for in Article 21 (1) to (3) of the Act; and
(h) the details of the separate declaration by the biomass grower of compliance with the sustainability criteria, the partial declaration of compliance with the sustainability criteria and the declaration of compliance with the sustainability criteria. ";
Footnote 1:
"(1) Directive 2009 / 30 / EC of the European Parliament and of the Council of 23 April 2009 amending Directive 98 / 70 / EC as regards the specification of petrol, diesel and gas oils, the introduction of a mechanism for monitoring and reducing greenhouse gas emissions and Council Directive 1999 / 32 / EC as regards the specification of fuel used by inland waterway vessels and repealing Directive 93 / 12 / EEC, as amended by Directive (EU) 2016 / 802 of the European Parliament and of the Council. Directive (EU) 2015 / 1513 of the European Parliament and of the Council of 9 September 2015 amending Directive 98 / 70 / EC on the quality of petrol and diesel fuels and Directive 2009 / 28 / EC on the promotion of the use of energy from renewable sources, as amended by Directive (EU) 2018 / 2001 of the European Parliament and of the Council. Directive (EU) 2018 / 2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources, as amended by Commission Delegated Regulation (EU) 2022 / 759, Directive (EU) 2023 / 2413 of the European Parliament and of the Council and Commission Delegated Directive (EU) 2024 / 1405. ';
2. in § 2 (h) and (i):
"(h) forest biomass production areas geographically defined areas in which:
1. forest biomass is obtained;
2. reliable and independent information is available to verify compliance with sustainability criteria; and
3. the conditions are sufficiently homogeneous to assess whether forest biomass is used sustainably and legally;
(i) the restoration of forest rebuilding by natural or artificial means after the previous forest restocking has been removed by deforestation or due to natural causes including fire or storm. ';
3. in Article 2, point (j) is deleted;
4. The heading of Section 3 reads:
"sustainability and greenhouse gas emission saving criteria for biofuels'.
5. In Article 3 (1) of the Introductory Part of the Provisions and Article 3 (1) (b), the words "and greenhouse gas emission savings' are inserted after the words" sustainability '.
6. In Section 3 (3) of the Introductory Part of the provision, the words "greenhouse gas emissions generated during the complete life cycle of reference 'are replaced by the words" base value of greenhouse gas emissions production for'.
7. In Article 3, the following paragraph 4 is inserted after paragraph 3:
"(4) The date of entry into service of the processing plant shall be the date on which the biofuel production begins. ';
Paragraphs 4 and 5 shall become paragraphs 5 and 6.
8. In Section 3 (5) of the Introductory Part of the provision, the words "greenhouse gas emissions arising during the complete life cycle 'are replaced by the words" the baseline value of greenhouse gas emissions production for'.
9. Paragraph 3 (6) is deleted.
10. the words "and forests as defined in the country where the forest is located" shall be added at the end of Paragraph 4 (1) (a).
11. in Article 4 (1) (c) (2), "in conjunction with Article 29 (3) (c) (ii) of Directive (EU) 2018 / 2001 of the European Parliament and of the Council, as amended" is replaced by "the first subparagraph of Directive (EU) 2018 / 2001 of the European Parliament and of the Council, as amended by Directive (EU) 2023 / 2413 of the European Parliament and of the Council";
12. in Article 4 (1) (d) (2), the word "non-original" shall be inserted at the beginning.
13. in Paragraph 4 (1) (d) (2), at the end of the period, the term "or" shall be replaced by "or";
14. in Article 4 (1), the following point (e) is added:
"(e) heaths."
15. in Paragraph 4 (4), "2" is replaced by "3."
16. in Article 4 (4), the words "paragraph 2" shall be replaced by the words "paragraph 3."
17. In Article 4, the following paragraph 6 is added:
"(6) Where the conditions laid down in Article 4a (1) (f) and (g) are not met, the conditions laid down in paragraph 1 (a), (b), (d) and (e), (3) (a) and (5) shall also apply to demonstrate compliance with the sustainability criteria of forest biomass under Article 4a. ';
18. in Paragraph 4a (1):
"(1) Forest biomass meets sustainability criteria when extracted in the territory of a State whose legislation provides for
(a) the legality and enforcement of forest biomass production;
(b) the restoration of forests in harvested areas;
(c) the protection of areas covered by an international agreement, national legislation or by a decision of the competent authority for the purposes of nature conservation, including wetlands, grasslands, heaths and peatlands, in order to preserve biodiversity and to prevent habitat destruction;
(d) the implementation of forest biomass production with a view to maintaining soil quality and biodiversity in accordance with the principles of sustainable forest management in order to avoid any negative effects, in a way that prevents the extraction of parasitic and roots, the degradation of indigenous forests and forests, as defined in the country where the forest is located, or their conversion into cultivated forests and the extraction of forest biomass on vulnerable soils; for forest biomass production, compliance with the limit values for the area of the holo-seeker established in the country where the forest is located and compliance with local and ecologically appropriate limit values for the extraction of dead wood and forest biomass meets the requirements for the use of timber extraction systems which minimise any adverse impact on soil quality, including soil compaction, and on biodiversity and habitat elements;
(e) carrying out forest biomass extraction in a way that maintains or improves long-term forest production capacity;
(f) in relation to forests benefiting from forest biomass, that such forests do not grow on land which has the status referred to in Article 4 (1) (a), (b), (d) and (e), Article 4 (3) (a) and Article 4 (5), the same rules as those referred to in those paragraphs apply for the determination of soil status; and
(g) in relation to a person producing biofuel from forest biomass, that person issues declarations on the basis of the use of his own internal procedures to demonstrate, for the purpose of verifying compliance with the sustainability criteria and greenhouse gas emission savings, that forest biomass is not derived from the land referred to in (f). ";
19. in Paragraph 4a (2):
"(2) If it is not possible to demonstrate compliance with the sustainability criteria referred to in paragraph 1, forest biomass shall meet the sustainability criteria where a forest biomass extraction system is in place which ensures at least compliance with the requirements under paragraph 1 (a) to (e). The requirement referred to in paragraph 1 (c) shall also be met if it is demonstrated that the extraction of forest biomass is not contrary to those conservation purposes, including the protection of wetlands and peat. ';
20. In Paragraph 4a (4), the words "forest biomass' shall be inserted after the words" mining '.
21. In Section 5, the words "for transport purposes and electricity for transport purposes' are deleted.
22. in Article 5 (1), "94,1" is replaced by "94."
23. in Article 5 (2), the words "for transport purposes and electricity for transport purposes" shall be deleted;
24. in Paragraph 6 (1):
"(1) The emission report shall contain information on:
(a) the total quantity of each type of fuel supplied,
(b) the quantity of greenhouse gas emissions per unit of energy contained in the fuel types supplied and, for information purposes, also the quantity of previously estimated greenhouse gas emissions from biofuels resulting from the indirect land use change referred to in Annex 3 to this Regulation;
(c) the methods of production of the biofuels and biomethane supplied;
(d) the total reduction of greenhouse gas emissions from the selected fuels supplied;
(e) the total quantity of advanced biofuels, advanced biomethane, non-biological renewable fuels and carbon-containing recycled fuels delivered and their achieved proportions;
(f) the total quantity of biofuels produced from food and feed crops and raw materials for the production of advanced biofuels and their achieved proportions;
(g) the transfer of excessive reductions in greenhouse gas emissions or of excessive quantities of advanced biomethane, advanced biofuels or non-biological renewable fuels from the previous or until the following year's obligations;
(h) the amount of greenhouse gas emission savings or the part of the greenhouse gas emission savings transferred between fuel suppliers;
(i) the amount of energy or part of the energy supplied in advanced biofuels, advanced biomethane or renewable fuels of non-biological origin transferred between fuel suppliers. ';
Article 25 (7a) and (8) are deleted.
footnotes 6, 11 and 12 are deleted.
26. In Section 9, the words "and greenhouse gas savings for biofuels' are inserted after the word" sustainability '.
27. in Article 9 (1) (a), the words "blending with products that do not meet the sustainability criteria" shall be replaced by "and greenhouse gas emission savings."
28. in Article 9 (1) (c):
"(c) keeping records of internal processes ensuring that the procedures referred to in (a) and (b) are correct and verifiable."
29. in Article 9 (1) (d):
"(d) keeping the records referred to in points (b) and (c) for at least five years after receipt or dispatch of the consignment.";
30. In Section 9 (2) of the Introductory Part of the provision, the first sentence is replaced by the sentence "The mass balance system must allow the supply of biomass, intermediate products or biofuels that meet the sustainability and savings criteria for greenhouse gas emissions to be blended even though they exhibit different sustainability and greenhouse gas emission savings parameters."
31. in Article 9 (2) (a), the words "and outgoing" shall be inserted after the words "incoming."
32. in Paragraph 9 (2) (a), the words "and in order to include information on the type of aid scheme in case of aid for the production of supplies, this dossier shall also include information on the type of aid scheme."
33.In Paragraph 9 (2) (c):
"(c) in the case of blending of products meeting sustainability criteria and greenhouse gas emission savings with products which do not meet those criteria, the quantity of products meeting the sustainability criteria and the savings of greenhouse gas emissions added to the mixture has been established in advance and the quantity of products to be withdrawn from the mixture and to serve as products meeting the sustainability criteria and greenhouse gas emission savings to be added."
34. in Paragraph 9 (3) of the introductory part of the provision, the words "After processing the supply of raw materials" shall be replaced by "Where the supply of biomass or intermediate products is processed,"
35. in Paragraph 9 (3) of the introductory part of the provision, the word "se" shall be inserted after the word "sustainability."
36. in Article 9 (3) (a), "raw materials" is replaced by "biomass or intermediate products."
37. in Article 9 (3) (b), the word "raw materials" is replaced by "biomass or intermediate products."
38. The heading of Section 10 reads:
"The requirements of the certificates referred to in Article 21 (1) to (3) of the Act, the separate declaration of biomass growers on compliance with the sustainability criteria, the partial declaration of compliance with the sustainability criteria and the declaration of compliance with the sustainability criteria '.
39. Paragraph 10 (3) is deleted.
40. In Annex 1, point B (3):
'3. The saving of greenhouse gas emissions using biofuels shall be calculated as follows:
SAFETY = (EFT - EB) / EFT,
where
EB = total greenhouse gas emissions from biofuels; and
EFt = basic value of greenhouse gas emissions production for fossil fuels. ';
41. In Annex 1, point In point 7, the words "submitted 'are replaced by the words" not adversely affected by biodiversity. Furthermore, it is necessary to submit'.
42. In Annex 1, point The words "before 1 January 2036 'shall be added at the end of the text in point 18.
43. In Annex 1 (B) (21):
"21. For the purposes of the calculation referred to in point 20, the emissions thus distributed shall be calculated as: eec + el + esca + those shares ep, etd and eccs and eccr that arise during each production step preceding the production step in which the secondary product is produced, as well as within that production step. Where emissions have been allocated to secondary products in one of the previous life-cycle production steps, instead of those total emissions, only the proportion of these emissions allocated in the last of these production steps of the intermediate fuel shall be used for the purposes in question.
For biofuels, all secondary products not falling within the scope of point 20 shall be taken into account for the purposes of this calculation. For secondary products whose energy content is negative, the energy content shall be considered zero for the purposes of calculation.
Greenhouse gas emissions from wastes and residues, including all wastes and residues listed in Annex 4 to this Regulation, shall be considered to be zero throughout the life cycle of such wastes and residues until they are recovered, whether those wastes and residues are processed into provisional products before being converted into finished products.
In the case of biomass fuels produced in refineries other than a combination of processing plants and boilers or cogeneration units providing heat or electricity to the processing plant, the analysed unit shall be for the purpose of calculating in accordance with point 20 of the refinery. ';
44. In Annex 1, point D is replaced by the following:
"D. Energy content of the most used biofuels and fossil fuels
| Energetický obsah pohonných hmot | Energetický obsah (výhřevnost) [MJ/kg] | Energetický obsah (výhřevnost) [MJ/l] |
|---|---|---|
| Biopropan | 46 | 24 |
| Čistý rostlinný olej | 37 | 34 |
| Bionafta – methylestery mastných kyselin | 37 | 33 |
| Bionafta – ethylestery mastných kyselin | 38 | 34 |
| Biomethan | 50 | – |
| Hydrogenačně upravený olej pocházející z biomasy, který má být použit jako náhrada za naftu | 44 | 34 |
| Hydrogenačně upravený olej pocházející z biomasy, který má být použit jako náhrada za benzin | 45 | 30 |
| Hydrogenačně upravený olej pocházející z biomasy, který má být použit jako náhrada za tryskové palivo | 44 | 34 |
| Hydrogenačně upravený olej (olej upravený pomocí vodíku za tepla) pocházející z biomasy, který má být použit jako náhrada za zkapalněný ropný plyn | 46 | 24 |
| Společně zpracovaný olej (zpracovaný v rafinérii současně s fosilními palivy) pocházející z biomasy nebo pyrolyzované biomasy, který má být použit jako náhrada za naftu | 43 | 36 |
| Společně zpracovaný olej (zpracovaný v rafinérii současně s fosilními palivy) pocházející z biomasy nebo pyrolyzované biomasy, který má být použit jako náhrada za benzín | 44 | 32 |
| Společně zpracovaný olej (zpracovaný v rafinérii současně s fosilními palivy) pocházející z biomasy nebo pyrolyzované biomasy, který má být použit jako náhrada za tryskové palivo | 43 | 33 |
| Společně zpracovaný olej (zpracovaný v rafinérii současně s fosilními palivy) pocházející z biomasy nebo pyrolyzované biomasy, který má být použit jako náhrada za zkapalněný ropný plyn | 46 | 23 |
| Metanol | 20 | 16 |
| Etanol | 27 | 21 |
| Propanol | 31 | 25 |
| Butanol | 33 | 27 |
| Nafta vyrobená Fischerovou-Tropschovou syntézou | 44 | 34 |
| Benzín vyrobený Fischerovou-Tropschovou syntézou | 44 | 33 |
| Tryskové palivo vyrobené Fischerovou-Tropschovou syntézou | 44 | 33 |
| Zkapalněný ropný plyn vyrobený Fischerovou-Tropschovou syntézou | 46 | 24 |
| Dimethylether (DME) | 28 | 19 |
| Vodík | 120 | – |
| ETBE (ethyl terc-butyl ether vyrobený z etanolu)*) | 36 | 27 |
| MTBE (methyl terc-butyl ether vyrobený z metanolu)**) | 35 | 26 |
| TAEE (terc-amyl ethyl ether vyrobený z etanolu)***) | 38 | 29 |
| TAME (terc-amyl methyl ether vyrobený z metanolu)****) | 36 | 28 |
| THxEE (terc-hexyl ethyl ether vyrobený z etanolu)*****) | 38 | 30 |
| THxME (terc-hexyl methyl ether vyrobený z metanolu)******) | 38 | 30 |
| Benzin | 43 | 32 |
| Nafta | 43 | 36 |
| Tryskové palivo | 43 | 34 |
| Zkapalněný ropný plyn | 46 | 24 |
*) At 33% share of renewable sources.
* *) At 22% share of renewable sources.
* * *) At 29% share of renewable sources.
* * * *) 18% share of renewable sources.
* * * * * 25% share of renewable sources.
* * * * * * 14% share of renewable sources. '
45. Annex 2 shall read as follows:
Příloha č. 2
"Annex No 2 to Government Regulation No 189 / 2018 Coll.
METHOD OF CALCULATION OF GLASS GAS EMISSIONS
1. The basic level of production of greenhouse gas emissions from fuel and electricity from renewable sources shall be calculated as follows:
Basic production level of GHG emissions = IHx (MJx IHEFt)
where:
x = individual types of fuel supplied and electricity from renewable sources;
MJx = total energy from each type of fuel supplied and electricity from renewable sources expressed in megajoules [MJ];
EFt = basic value of greenhouse gas emissions production for fossil fuels pursuant to Article 5 (1) of this Regulation.
2. The total energy from each type of fuel supplied shall be calculated as the sum of the energy from each type of fuel supplied, determined on the basis of the quantity of each type of fuel supplied and their calorific values. In the case of electricity from renewable sources, the amount of energy supplied is determined on the basis of credits issued and applied under the Act on Supported Energy Sources.
3. The calorific value of fuel is given in Part D of Annex 1 to this Regulation.
4. The quantity of biofuel produced in parallel processing of fossil fuels and biofuels is given by the quantity of biofuel after processing. The calorific value of biofuels shall be determined by the energy balance and the efficiency of the joint processing process referred to in point 20 of Part B of Annex 1 to this Regulation. The processing shall include all modifications during the life cycle of the fuel resulting in a change in the molecular structure of the product; the addition of denaturants shall not be considered as processing.
5. The total savings of greenhouse gas emissions from renewable fuels, recycled carbon fuels and electricity produced from renewable sources shall be calculated as follows:
Total GHG savings = dost = x (MJx)
where:
x = individual types of renewable fuels, recycled fuels with carbon content and electricity produced from renewable sources;
MJx = energy from individual types of renewable fuels, recycled fuels with carbon content and electricity produced from renewable sources [MJ];
emission saving GHGx = saving greenhouse gas emissions from individual types of renewable fuel, recycled fuels containing carbon and electricity from renewable sources [gCO2ekv / MJ].
6. The savings of GHGx emissions from individual types of renewable fuels, recycled fuels with carbon content and electricity produced from renewable sources shall, in the case of:
6.1. Biofuels shall be determined by the Government in accordance with the procedure laid down in Article 3 (5) of this Regulation,
6.2. Biomethane shall be determined in accordance with the procedure laid down in Decree No. 110 / 2022 Coll., on the determination of the species and parameters of supported renewable sources and sustainability criteria and on greenhouse gas emission savings for bioliquids and biomass fuels, as amended,
6.3. Renewable fuels of non-biological origin and recycled fuels with carbon content shall be determined in accordance with the procedure laid down in the delegated acts adopted pursuant to Article 29a (3) of Directive 2018 / 2001 / EU,
6.4. Electricity from renewable sources is equal to 183 g CO2ekv / MJ,
(7) Biofuel and biomethane which do not meet the sustainability and greenhouse gas emission savings criteria and renewable fuel of non-biological origin and carbon-containing recycled fuel that does not meet the greenhouse gas emission savings shall be considered as fossil fuel.
8. The reduction in greenhouse gas emissions shall be calculated as follows:
GHG emission reduction = Total GHG emission saving Baseline GHG emission production level
where:
Total GHG emission saving = total GHG emission saving calculated in accordance with point 5, expressed in [gCO2];
The baseline GHG emission level = the baseline GHG emission level calculated in accordance with point 1, expressed in [gCO2]. ';
46. In Annex 5 (A) (1) (k), the words "including breakdown into individual biofuel production operations' shall be inserted after the words" gCO2ekv / MJ '.
47. In Annex 5, point A point 1 (l) is deleted.
48. In Annex 5 (A) (1) (m), at the end of the dot, "a 'is replaced by" a'.
49. In Annex 5, point The following point (n) is added to point 1:
"(n) whether aid was granted for the production of the product and, if so, what type of aid scheme."
50. In the title of Annex 6, the words ", CONFORMITY DECLARATION WITH SUSTAINABILITY CRITERIA AND CONTAINING IMPLEMENTATION OF EMISSIONS REDUCTION DOCUMENT DOCUMENT 'are replaced by the words" AND CONFORMITY DECLARATION WITH SUPERVISORY CRITERIA'.
51. In Annex 6, point C, point 6, the words "including a breakdown into individual production operations' shall be inserted after the words" gCO2ekv / MJ '.
52. In Annex 6, point C, the following point 7 is inserted after point 6:
'7. Information as to whether aid for the production of biomass or intermediate products has been granted and, if so, identification of that aid. '
Point 7 is renumbered point 8.
53. Point D (7) of Annex 6 reads as follows:
'7. Value of production of greenhouse gas emissions in gCO2ecv / MJ including breakdown per production operation; where the manufacturer, seller or importer supplies biofuel directly to the fuel supplier, the production of greenhouse gas emissions shall also include emissions generated by transport to the fuel supplier. ';
54. In Annex 6, point the following point 8 is inserted after point 7:
'8. Information on whether aid has been granted for the production of biomass or intermediate product and, if so, identification of that aid. '
Point 8 is renumbered point 9.
55. In Annex 6, point E is deleted.
Efficacy
This Regulation shall take effect on 1 January 2026.
Prime Minister:
Prof. PhDr. Fiala, Ph.D., LL.M., v. r.
Minister of Environment:
Mgr.
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Regulation Information
| Citation | Government Regulation No. 574 / 2025 Coll., amending Government Regulation No. 189 / 2018 Coll., on the sustainability criteria for biofuels and the reduction of greenhouse gas emissions from fuel |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.12.2025 |
|---|---|
| Effective from | 01.01.2026 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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