HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 187/62
EN
Official Journal of the European Union
17.7.2012
COMMISSION IMPLEMENTING DECISION
of 16 July 2012
on recognition of the ‘Red Tractor Farm Assurance Combinable Crops & Sugar Beet 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
(2012/395/EU)
THE EUROPEAN COMMISSION,
Article 17(3) to (5) of Directive 2009/28/EC or that a
voluntary national or international scheme to measure
greenhouse gas emission savings contains accurate data
Having regard to the Treaty on the Functioning of the European
for the purposes of Article 17(2) of this Directive.
Union,
Having regard to Directive 2009/28/EC of the European
(5) The
Commission
may
recognise
such
a
voluntary
scheme
Parliament and of the Council of 23 April 2009 on the
for a period of five years.
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 voluntary scheme that
has been recognised by the Commission, to the extent
Having regard to Directive 98/70/EC of the European
covered by the recognition decision, a Member State
Parliament and of the Council of 13 October 1998 relating
should not require the supplier to provide further
to the quality of petrol and diesel fuels ( 2 ) as amended by
evidence of 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
‘Red
Tractor
Farm
Assurance
Combinable
Crops
&
Article 25, paragraph 2 of Directive 2009/28/EC,
Sugar Beet Scheme’ was submitted on 4 April 2012 to
the Commission with the request for recognition. This
scheme covers cereals, oil seeds and sugar beet produced
Whereas:
in the United Kingdom up to the first point of delivery of
these crops. The recognised scheme should be made
available at the transparency platform established under
(1) Directives
98/70/EC
and
2009/28/EC
both
lay
down
Directive 2009/28/EC. The Commission should take into
sustainability criteria for biofuels. Provisions of Articles
account considerations of commercial sensitivity and
7b, 7c and Annex IV of Directive 98/70/EC are similar to
may decide to only partially publish the scheme.
provisions of Articles 17, 18 and Annex V of Directive
2009/28/EC.
(8) Assessment
of
the
‘Red
Tractor
Farm
Assurance
(2) Where
biofuels
and
bioliquids
are
to
be
taken
into
Combinable Crops & Sugar Beet Scheme’ found it to
account for the purposes referred to in Article 17(1)(a),
adequately cover the sustainability criteria in Article 7b(3),
(b) and (c) of Directive 2009/28/EC, Member States
(4) and (5) of Directive 98/70/EC and Article 17(3), (4)
should require economic operators to show the
and (5) of Directive 2009/28/EC, as well as applying up
compliance of biofuels and bioliquids with the sustain
to the first point of delivery of these crops a mass
ability criteria set out in Article 17(2) to (5) of Directive
balance methodology in line with the requirements of
2009/28/EC.
Article 7c(1) of Directive 98/70/EC and Article 18(1)
of Directive 2009/28/EC. The scheme does not cover
Article 7b(2) of Directive 98/70/EC and Article 17(2)
(3) Recital
76
of
Directive
2009/28/EC
states
that
the
of Directive 2009/28/EC but gives accurate data on
imposition of an unreasonable burden on industry
two elements necessary for the purposes of Article 7b(2)
should be avoided and voluntary schemes can help
of Directive 98/70/EC and Article 17(2) of Directive
create efficient solutions for proving compliance with
2009/28/EC, in particular, the geographic area the
these sustainability criteria.
crops come from and the annualised emissions from
carbon stock changes caused by land-use change. A
small percentage of members of the scheme do not
(4) The
Commission
may
decide
that
a
voluntary
national
or
cover the sustainability criteria for part of their land.
international scheme demonstrates that consignments of
The scheme indicates the status of full or partial
biofuel comply with the sustainability criteria set out in
compliance of the land of its members in its online
member checker database and shows compliance of
consignments with the sustainability criteria on the
( 1 ) OJ L 140, 5.6.2009, p. 16.
( 2 ) OJ L 350, 28.12.1998, p. 58.
combinable crops passport, also referred to as post-
( 3 ) OJ L 140, 5.6.2009, p. 88.
harvest declaration.

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EN
17.7.2012 Official
Journal
of
the
European
Union L
187/63
(9) The
evaluation
of
the
‘Red
Tractor
Farm
Assurance The voluntary scheme ‘Red Tractor Farm Assurance Combinable
Combinable Crops & Sugar Beet Scheme’ found that it
Crops & Sugar Beet Scheme’ may be used up to the first point
meets adequate standards of reliability, transparency and
of delivery for the consignments concerned for demonstrating
independent auditing.
compliance with Article 7c(1) of Directive 98/70/EC and
Article 18(1) of Directive 2009/28/EC.
(10) Any
additional
sustainability
elements
covered
by
the
‘Red Tractor Farm Assurance Combinable Crops &
Article 2
Sugar Beet Scheme’ are not part of the consideration of
The Decision is valid for a period of five years after it enters
this Decision. These additional sustainability elements are
into force. If the scheme, after adoption of this Decision,
not mandatory to show compliance with sustainability
undergoes changes to its contents in a way that might affect
requirements provided for by Directives 98/70/EC and
the basis of this Decision, such changes shall be notified to the
2009/28/EC,
Commission without delay. The Commission shall assess the
notified changes with a view to establish whether the scheme
HAS ADOPTED THIS DECISION:
is still adequately covering the sustainability criteria for which it
is recognised.
Article 1
If it has been clearly demonstrated that the scheme has not
The voluntary scheme ‘Red Tractor Farm Assurance Combinable
implemented elements considered to be decisive for this
Crops & Sugar Beet Scheme’ for which the request for recog
Decision and if severe and structural breach of those elements
nition was submitted to the Commission on 4 April 2012
has taken place, the Commission may repeal this Decision.
demonstrates by means of its combinable crops passport that
consignments of cereals, oil seeds and sugar beet comply with
Article 3
the sustainability criteria as laid down in Article 17(3), 17(4)
This Decision shall enter into force on the twentieth day
and 17(5) of Directive 2009/28/EC and Article 7b(3), 7b(4) and
following that of its publication in the Official Journal of the
7b(5) of Directive 98/70/EC. The scheme also contains accurate
European Union.
data for purposes of Article 17(2) of Directive 2009/28/EC and
Article 7b(2) of Directive 98/70/EC in as far as it concerns
annualised emissions from carbon stock changes caused by
land-use change (e
Done at Brussels, 16 July 2012.

l ) referred to in point 1 of part C of Annex
IV to Directive 98/70/EC and point 1 of part C of Annex V to
Directive 2009/28/EC, which it demonstrates to be equal to
For the Commission
zero, and the geographic area referred to in point 6 of part C
of Annex IV to Directive 98/70/EC and point 6 of part C of
The President
Annex V to Directive 2009/28/EC.
José Manuel BARROSO

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Document Outline

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