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21.7.2011 Official
Journal
of
the
European
Union L
190/83
COMMISSION IMPLEMENTING DECISION
of 19 July 2011
on the recognition of the ‘Round Table on Responsible Soy EU RED’ scheme for demonstrating
compliance with the sustainability criteria under Directives 2009/28/EC and 2009/30/EC of the
European Parliament and of the Council
(2011/440/EU)
THE EUROPEAN COMMISSION,
voluntary national or international scheme to measure
greenhouse gas emission saving contains accurate data
for the purposes of Article 17(2) of this Directive.
Having regard to the Treaty on the Functioning of the European
Union,
(5) The
Commission
may
recognise
such
a
voluntary
scheme
Having regard to Directive 2009/28/EC of the European
for a period of five years.
Parliament and of the Council of 23 April 2009 on the
promotion of the use of energy from renewable sources and
amending and subsequently repealing Directives 2001/77/EC
and 2003/30/EC ( 1 ), and in particular Article 18(6) thereof,
(6) When
an
economic
operator
provides
proof
or
data
obtained in accordance with a scheme that has been
recognised by the Commission, to the extent covered
Having regard to Directive 98/70/EC of the European
by that recognition decision, a Member State shall not
Parliament and of the Council of 13 October 1998 relating
require the supplier to provide further evidence of
to the quality of petrol and diesel fuels ( 2 ) as amended by the
compliance with the sustainability criteria.
Directive 2009/30/EC ( 3 ), and in particular Article 7c(6) thereof,
After consulting the Advisory Committee established by
(7)
The ‘Round Table on Responsible Soy EU RED’ (hereafter
Article 25, paragraph 2 of Directive 2009/28/EC,
‘RTRS EU RED’) scheme was submitted on 11 May 2011
to the Commission with the request for recognition. The
Whereas:
scheme covers soy based products. The recognised

scheme will be made available at the transparency
platform established under Directive 2009/28/EC. The
(1) Directives
2009/28/EC
and
2009/30/EC
both
lay
down
Commission will take into account considerations of
sustainability criteria for biofuels. When reference is
commercial sensitivity and may decide to only partially
made to the provisions of Articles 17 and 18 of and
publish the scheme.
Annex V to Directive 2009/28/EC this should be
construed as the reference also to the similar provisions
of Articles 7a, 7b, 7c of and Annex IV to Directive
2009/30/EC.
(8) Assessment
of
the
RTRS
EU
RED
scheme
found
it
to
adequately cover the sustainability criteria of Directive
2009/28/EC, as well as applying a mass balance
(2) Where
biofuels
and
bioliquids
are
to
be
taken
into
methodology in line with the requirements of
account for the purposes referred to in Article 17(1)(a),
Article 18(1) of Directive 2009/28/EC.
(b) and (c), Member States shall require economic
operators to show the compliance of biofuels and
bioliquids with the sustainability criteria set out in
Article 17(2) to (5) of Directive 2009/28/EC.
(9) The
evaluation
of
the
RTRS
EU
RED
scheme
found
that
it meets adequate standards of reliability, transparency
and independent auditing and also complies with the
(3) Recital
76
of
Directive
2009/28/EC
states
that
the
methodological requirements in Annex V to Directive
imposition of an unreasonable burden on industry
2009/28/EC.
should be avoided and voluntary schemes can help
creating efficient solutions for proving compliance with
these sustainability criteria.
(10) Any
additional
sustainability
elements
covered
by
the
RTRS EU RED scheme are not part of the consideration
(4) The
Commission
may
decide
that
a
voluntary
national
or
of this Decision. These additional sustainability criteria
international scheme demonstrates that consignments of
are not mandatory to show compliance with sustain
biofuel comply with the sustainability criteria set out in
ability requirements set up in Directive 2009/28/EC.
Article 17(3) to (5) of Directive 2009/28/EC or that
The European Commission may at a later stage take a
view on whether the scheme also contains accurate data
for the purpose of information on measures taken for
( 1 ) OJ L 140, 5.6.2009, p. 16.
( 2 ) OJ L 350, 28.12.1998, p. 58.
issues referred to in the second paragraph, second
( 3 ) OJ L 140, 5.6.2009, p. 88.
sentence of Article 18(4) of Directive 2009/28/EC,

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L 190/84
EN
Official Journal of the European Union
21.7.2011
HAS ADOPTED THIS DECISION:
to the Commission without delay. The Commission will assess
the notified changes with a view to establish whether the
scheme is still adequately covering the sustainability criteria
Article 1
for which it is recognised.
The voluntary scheme ‘Round Table on Responsible Soy EU
RED’, for which the request for recognition was submitted to
the Commission on 11 May 2011, demonstrates that
2. If
it
has
been
clearly
demonstrated
that
the
scheme
has
consignments of biofuels comply with the sustainability
not implemented elements considered to be decisive for this
criteria as laid down in Article 17(3)(a), (b) and (c), (4) and
Decision and if severe and structural breach of those elements
(5) of Directive 2009/28/EC and Article 7b(3)(a), 7b (3) b, 7b
has taken place, the Commission reserves the right to revoke its
(3) c, 7b(4) and 7b(5) of Directive 98/70/EC. The scheme also
Decision.
contains accurate data for purposes of Article 17(2) of Directive
2009/28/EC and Article 7b(2) of Directive 98/70/EC.
Article 3
Furthermore, it may be used for demonstrating compliance with
This Decision enters into force 20 days after its publication in
Article 18(1) of Directive 2009/28/EC and of Article 7c(1) of
the Official Journal of the European Union.
Directive 98/70/EC.
Done at Brussels, 19 July 2011.
Article 2
1. The Decision is valid for a period of five years after it
For the Commission
enters into force. If the scheme, after adoption of Commission
decision, undergoes changes to its contents in a way that might
The President
affect the basis of this Decision, such changes shall be notified
José Manuel BARROSO

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