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1. For the calculation of a Member State’s gross final consumption of energy from renewable sources referred to in Article 7 and of the minimum share of renewable energy and the greenhouse gas intensity reduction target referred to in Article 25(1), first subparagraph, point (a), the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, where produced from food and feed crops, shall be no more than one percentage point higher than the share of such fuels in the final consumption of energy in the transport sector in 2020 in that Member State, with a maximum of 7 % of final consumption of energy in the transport sector in that Member State. Where that share is below 1 % in a Member State, it may be increased to a maximum of 2 % of the final consumption of energy in the road and rail transport sectors.

Member States may set a lower limit and may distinguish, for the purposes of Article 29(1), between different biofuels, bioliquids and biomass fuels produced from food and feed crops, taking into account best available evidence on indirect land-use change impact. Member States may, for example, set a lower limit for the share of biofuels, bioliquids and biomass fuels produced from oil crops. Where the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, produced from food and feed crops in a Member State is limited to a share lower than 7 % or a Member State decides to limit the share further, that Member State may reduce the minimum share of renewable energy or the greenhouse gas intensity reduction target referred to in Article 25(1), first subparagraph, point (a), accordingly, in view of the contribution those fuels would have made in terms of the minimum share of renewable energy or greenhouse gas emissions savings. For the purpose of the greenhouse gas intensity reduction target, Member States shall consider those fuels save 50 % greenhouse gas emissions.

2. For the calculation of a Member State’s gross final consumption of energy from renewable sources referred to in Article 7 and the minimum share of renewable energy and the greenhouse gas intensity reduction target referred to in Article 25(1), first subparagraph, point (a), the share of high indirect land-use change-risk biofuels, bioliquids or biomass fuels produced from food and feed crops for which a significant expansion of the production area into land with high-carbon stock is observed shall not exceed the level of consumption of such fuels in that Member State in 2019, unless they are certified to be low indirect land-use change-risk biofuels, bioliquids or biomass fuels pursuant to this paragraph. From 31 December 2023 until 31 December 2030 at the latest, that limit shall gradually decrease to 0 %. By 1 February 2019, the Commission shall submit to the European Parliament and to the Council a report on the status of worldwide production expansion of the relevant food and feed crops.

By 1 February 2019, the Commission shall adopt a delegated act in accordance with Article 35 to supplement this Directive by setting out the criteria for certification of low indirect land-use change-risk biofuels, bioliquids and biomass fuels and for determining the high indirect land-use change-risk feedstock for which a significant expansion of the production area into land with high-carbon stock is observed. The report and the accompanying delegated act shall be based on the best available scientific data.

By 1 September 2023, the Commission shall review the criteria laid down in the delegated act referred to in the fourth subparagraph of this paragraph on the basis of the best available scientific data and shall adopt delegated acts in accordance with Article 35 in order to amend those criteria, where appropriate, and to supplement this Directive by including a trajectory to gradually decrease the contribution to the overall Union target set in Article 3(1) and to the minimum share of renewable energy and the greenhouse gas intensity reduction target referred to in Article 25(1), first subparagraph, point (a), of high indirect land-use change-risk biofuels, bioliquids and biomass fuels produced from feedstock for which a significant expansion of the production into land with high-carbon stock is observed. That review shall be based on a revised version of the report on feedstock expansion submitted in accordance with the third subparagraph of this paragraph. That report shall, in particular, assess whether the threshold on the maximum share of the average annual expansion of the global production area in high carbon stocks should be reduced on the basis of objective and scientific based criteria and taking into consideration the Union’s climate targets and commitments.

Where appropriate, the Commission shall amend the criteria laid down in the delegated act referred to in the fourth subparagraph on the basis of the results of the assessment referred to in the fifth subparagraph. The Commission shall continue to review, every three years after the adoption of the delegated act referred to in the fourth subparagraph, the data underpinning that delegated act. The Commission shall update that delegated act when necessary in light of evolving circumstances and the latest available scientific evidence.