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21.7.2011 Official
Journal
of
the
European
Union L
190/85
COMMISSION IMPLEMENTING DECISION
of 19 July 2011
on the recognition of the ‘Greenergy Brazilian Bioethanol verification programme’ 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
(2011/441/EU)
THE EUROPEAN COMMISSION,
(5) The
Commission
may
recognise
such
a
voluntary
scheme
for a period of five years.
Having regard to the Treaty on the Functioning of the European
Union,
Having regard to Directive 2009/28/EC of the European
(6) When
an
economic
operator
provides
proof
or
data
Parliament and of the Council of 23 April 2009 on the
obtained in accordance with a scheme that has been
promotion of the use of energy from renewable sources and
recognised by the Commission, to the extent covered
amending and subsequently repealing Directives 2001/77/EC
by that recognition decision, a Member State shall not
and 2003/30/EC (
require the supplier to provide further evidence of

1 ), and in particular Article 18(6) thereof,
compliance with the sustainability criteria.
Having regard to Directive 98/70/EC of the European
Parliament and of the Council of 13 October 1998 relating
to the quality of petrol and diesel fuels ( 2 ) as amended by the
Directive 2009/30/EC ( 3 ), and in particular Article 7c(6) thereof,
(7) The ‘Greenergy Brazilian Bioethanol verification
programme’ (hereafter ‘Greenergy’) scheme was
submitted on 31 January 2011 to the Commission
After consulting the Advisory Committee established by
with the request for recognition. This scheme covers
Article 25, paragraph 2 of Directive 2009/28/EC,
bioethanol from sugar cane produced in Brazil. The
recognised scheme will be made available at the trans
Whereas:
parency platform established under Directive
2009/28/EC. The Commission will take into account
considerations of commercial sensitivity and may
(1) Directives
2009/28/EC
and
2009/30/EC
both
lay
down
sustainability criteria for biofuels. When reference is
decide to only partially publish the scheme.
made to the provisions of Articles 17 and 18 of and
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
(8) Assessment
of
the
Greenergy
scheme
found
it
to
2009/30/EC.
adequately cover, with exception of the criterion set
out in Article 17(3)(c), the sustainability criteria of
(2) Where
biofuels
and
bioliquids
are
to
be
taken
into
Directive 2009/28/EC, as well as applying a mass
account for the purposes referred to in Article 17(1)(a),
balance methodology in line with the requirements of
(b) and (c), Member States shall require economic
Article 18(1) of Directive 2009/28/EC.
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
Greenergy
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 V to Directive
creating efficient solutions for proving compliance with
2009/28/EC.
these sustainability criteria.
(4) The
Commission
may
decide
that
a
voluntary
national
or
international scheme demonstrates that consignments of
(10) Any
additional
sustainability
elements
covered
by
the
biofuel comply with the sustainability criteria set out in
Greenergy scheme are not part of the consideration of
Article 17(3) to (5) of Directive 2009/28/EC or that
this Decision. These additional sustainability criteria are
voluntary national or international scheme to measure
not mandatory to show compliance with sustainability
greenhouse gas emission saving contains accurate data
requirements set up in Directive 2009/28/EC. The
for the purposes of Article 17(2) of this Directive.
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 issues
( 1 ) OJ L 140, 5.6.2009, p. 16.
( 2 ) OJ L 350, 28.12.1998, p. 58.
referred to in the second paragraph, second sentence of
( 3 ) OJ L 140, 5.6.2009, p. 88.
Article 18(4) of Directive 2009/28/EC,

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L 190/86
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
Article 1
scheme is still adequately covering the sustainability criteria
for which it is recognised.
The voluntary scheme ‘Greenergy Brazilian Bioethanol verifi
cation programme’, for which the request for recognition was
submitted to the Commission on 31 January 2011, demon
2. If
it
has
been
clearly
demonstrated
that
the
scheme
has
strates that consignments of biofuels comply with the sustain
not implemented elements considered to be decisive for this
ability criteria as laid down in Article 17(3)(a) and (b), (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(4)
has taken place, the Commission reserves the right to revoke its
and 7b(5) of Directive 98/70/EC. The scheme also contains
Decision.
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 enters into force 20 days after its publication in
Furthermore, it may be used for demonstrating compliance with
the Official Journal of the European Union.
Article 18(1) of Directive 2009/28/EC and of Article 7c(1) of
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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