The German government approved RED III regulations on bioenergy sustainability

The German federal government approved on 28 October 2026 amendments to two regulations that transpose into national law the bioenergy sustainability requirements of the RED III directive: the regulation on the sustainability of biofuels (Biokraft-NachV) and the regulation on the sustainability of biomass in electricity (BioSt-NachV). The provisions will enter into force the day after publication in the Federal Law Gazette and do not require the consent of the Bundesrat. Germany's deadline for transposing these provisions expired in May 2025.

Key changes

• Biofuels: the principle of legitimate expectations has been abolished – certificates can be withdrawn if fraud is later detected. Incorrectly declared biofuels are excluded from counting towards the quota. Certificates must be transferred or submitted to the Federal Office for Agriculture and Food (BLE) within three years.
• Certification bodies: the BLE gains access to detailed data on supply chains and its own inspection powers. The EU Union Database will become mandatory after launch.
• Energy installations: the required GHG emission reduction rises from 70% to 80% for installations commissioned after 20 November 2023. Older installations that received EEG support before that date remain under the RED II rules and in most cases do not have to calculate GHG emissions until the end of 2030.
• Solid biomass: sustainability certification will cover installations from 7.5 MW (previously from 20 MW), with a transitional period.
• Woody residues: clarified requirements intended to protect primary forests, heathlands and peatlands better.

The write-up does not concern the cascading use of wood principle or the rules for biogas and biomethane, so the effects for those segments cannot be assessed on its basis.

Why it matters

Sustainability criteria are the foundation of the renewable fuels market in the EU: they decide whether a given batch of biomethane or biofuel can count towards targets. Tightening supervision (withdrawal of certificates, access to data, a mandatory Union Database) reduces the risk of fraud – a topic that repeatedly returned in 2024–2026 in the discussion of the certificate market and cheap imports.

Significance for the industry in Poland

Germany is a key market for biomethane and guarantees of origin: Polish and Ukrainian exporters will have to meet the new rules if they want to sell gas there. Tightened criteria and a mandatory Union Database increase administrative costs, but improve the credibility of certificates. Poland has its own backlog in transposing RED III: in December 2025 the Commission called on it to provide detailed information on implementation, and the draft amendment to the Act on Renewable Energy Sources with RED III was in consultation in 2026. For Polish producers this means that German standards may become a de facto point of reference.

What to watch

The changes will enter into force after publication; the source does not contain the full texts of the regulations. Biomethane producers planning exports should check the transitional period and the documentation requirements, especially for installations commissioned after 20 November 2023.