HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 199/24
EN
Official Journal of the European Union
26.7.2012
COMMISSION IMPLEMENTING DECISION
of 24 July 2012
on recognition of the ‘REDcert’ scheme for demonstrating compliance with the sustainability
criteria under Directives 98/70/EC and 2009/28/EC of the European Parliament and of the Council
(2012/432/EU)
THE EUROPEAN COMMISSION,
biofuel comply with the sustainability criteria set out in
Article 17(3) to (5) of Directive 2009/28/EC or that a
voluntary national or international scheme to measure
Having regard to the Treaty on the Functioning of the European
greenhouse gas emission savings contains accurate data
Union,
for the purposes of Article 17(2) of this Directive.
Having regard to Directive 2009/28/EC of the European
Parliament and of the Council of 23 April 2009 on the
(5) The
Commission
may
recognise
such
a
voluntary
scheme
promotion of the use of energy from renewable sources and
for a period of five years.
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 voluntary scheme that
Having regard to Directive 98/70/EC of the European
has been recognised by the Commission, to the extent
Parliament and of the Council of 13 October 1998 relating
covered by the recognition decision, a Member State
to the quality of petrol and diesel fuels ( 2 ) as amended by the
should not require the supplier to provide further
Directive 2009/30/EC ( 3 ), and in particular Article 7c(6) thereof,
evidence of compliance with the sustainability criteria.
After consulting the Advisory Committee established by
Article 25, paragraph 2 of Directive 2009/28/EC,
(7) The
‘REDcert’
scheme
was
submitted
on
21
February
2012 to the Commission with the request for recog
nition. The scheme can cover a wide range of different
Whereas:
biofuels and bioliquids. The recognised scheme should be
made available at the transparency platform established
under Directive 2009/28/EC. The Commission should
(1) Directives
98/70/EC
and
2009/28/EC
both
lay
down
take into account considerations of commercial sensi
sustainability criteria for biofuels. Provisions of Articles
tivity and may decide to only partially publish the
7b, 7c and Annex IV to Directive 98/70/EC are similar to
scheme.
provisions of Articles 17, 18 and Annex V to Directive
2009/28/EC.
(8) Assessment
of
the
‘REDcert’
scheme
found
it
to
adequately cover the sustainability criteria in Article 7b(3),
(2) Where
biofuels
and
bioliquids
are
to
be
taken
into
(4) and (5) of Directive 98/70/EC and Article 17(3), (4)
account for the purposes referred to in Article 17(1)(a),
and (5) of Directive 2009/28/EC, as well as applying a
(b) and (c) of Directive 2009/28/EC Member States
mass balance methodology in line with the requirements
should require economic operators to show the
of Article 7c(1) of Directive 98/70/EC and Article 18(1)
compliance of biofuels and bioliquids with the sustain
of Directive 2009/28/EC.
ability criteria set out in Article 17(2) to (5) of Directive
2009/28/EC.
(9) The
evaluation
of
the
‘REDcert’
scheme
found
that
it
(3) Recital
76
of
Directive
2009/28/EC
states
that
the
meets adequate standards of reliability, transparency
imposition of an unreasonable burden on industry
and independent auditing and also complies with the
should be avoided and voluntary schemes can help
methodological requirements in Annex IV to Directive
create efficient solutions for proving compliance with
98/70/EC and Annex V to Directive 2009/28/EC.
these sustainability criteria.
(4) The
Commission
may
decide
that
a
voluntary
national
or (10) Any
additional
sustainability
elements
covered
by
the
international scheme demonstrates that consignments of
‘REDcert’ scheme are not part of the consideration of
this Decision. These additional sustainability elements
are not mandatory to show compliance with sustain
( 1 ) OJ L 140, 5.6.2009, p. 16.
( 2 ) OJ L 350, 28.12.1998, p. 58.
ability requirements provided for by Directives
( 3 ) OJ L 140, 5.6.2009, p. 88.
98/70/EC and 2009/28/EC,

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EN
26.7.2012 Official
Journal
of
the
European
Union L
199/25
HAS ADOPTED THIS DECISION:
notified changes with a view to establishing whether the
scheme is still adequately covering the sustainability criteria
Article 1
for which it is recognised.
The voluntary scheme ‘REDcert’ for which the request for recog
nition was submitted to the Commission on 21 February 2012
If it has been clearly demonstrated that the scheme has not
demonstrates that consignments of biofuels comply with the
implemented elements considered to be decisive for this
sustainability criteria as laid down in Article 17(3), 17(4) and
Decision and if severe and structural breach of those elements
17(5) of Directive 2009/28/EC and Article 7b(3), 7b(4) and
has taken place, the Commission may repeal this Decision.
7b(5) of Directive 98/70/EC. The scheme also 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
This Decision shall enter into force on the twentieth day
The voluntary scheme ‘REDcert’ may be used for demonstrating
following that of its publication in the Official Journal of the
compliance with Article 7c(1) of Directive 98/70/EC and
European Union.
Article 18(1) of Directive 2009/28/EC.
Article 2
Done at Brussels, 24 July 2012.
The Decision is valid for a period of five years after it enters
into force. If the scheme, after adoption of this Decision,
For the Commission
undergoes changes to its contents in a way that might affect
the basis of this Decision, such changes shall be notified to the
The President
Commission without delay. The Commission shall assess the
José Manuel BARROSO

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Document Outline

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