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21.7.2011 Official
Journal
of
the
European
Union L
190/81
COMMISSION IMPLEMENTING DECISION
of 19 July 2011
on the recognition of the ‘Bonsucro EU’ 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
(2011/439/EU)
THE EUROPEAN COMMISSION,
Article 17(3) to (5) of Directive 2009/28/EC or that
voluntary national or international scheme to measure
greenhouse gas emission saving 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 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
‘Bonsucro
EU’
scheme
was
submitted
on
11
March
Article 25, paragraph 2 of Directive 2009/28/EC,
2011 to the Commission with the request for recog
nition. The scheme covers sugar cane based products
and applies to all geographic locations. The recognised
Whereas:
scheme will be made available at the transparency
platform established under Directive 2009/28/EC. The
Commission will take into account considerations of
(1) Directives
2009/28/EC
and
2009/30/EC
both
lay
down
commercial sensitivity and may decide to only partially
sustainability criteria for biofuels. When reference is
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 and 7c of and Annex IV to Directive
(8) Assessment
of
the
Bonsucro
EU
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
Directive 2009/28/EC, as well as applying a mass
(2) Where
biofuels
and
bioliquids
are
to
be
taken
into
balance 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
(9) The
evaluation
of
the
Bonsucro
EU
scheme
found
that
it
Article 17(2) to (5) of Directive 2009/28/EC.
meets adequate standards of reliability, transparency and
independent auditing and also complies with the metho
dological requirements in Annex V to Directive
(3) Recital
76
of
Directive
2009/28/EC
states
that
the
2009/28/EC.
imposition of an unreasonable burden on industry
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
Bonsucro EU scheme are not part of the consideration
of this Decision. These additional sustainability criteria
(4) The
Commission
may
decide
that
a
voluntary
national
or
are not mandatory to show compliance with sustain
international scheme demonstrates that consignments of
ability requirements set up in Directive 2009/28/EC.
biofuel comply with the sustainability criteria set out in
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 190/82
EN
Official Journal of the European Union
21.7.2011
HAS ADOPTED THIS DECISION:
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 ‘Bonsucro EU’, for which the request for
recognition was submitted to the Commission on 11 March
2. If
it
has
been
clearly
demonstrated
that
the
scheme
has
2011, demonstrates that consignments of biofuels comply
not implemented elements considered to be decisive for this
with the sustainability criteria as laid down in Article 17(3)(a)
Decision and if severe and structural breach of those elements
and (b), (4) and (5) of Directive 2009/28/EC and Article 7b(3)(a)
has taken place, the Commission reserves the right to revoke its
and 7b(3)(b), 7b(4) and 7b(5) of Directive 98/70/EC. The
Decision.
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 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.
Article 2
Done at Brussels, 19 July 2011.
1. The Decision is valid for a period of five years after it
enters into force. If the scheme, after adoption of Commission
For the Commission
decision, undergoes changes to its contents in a way that might
affect the basis of this Decision, such changes shall be notified
The President
to the Commission without delay. The Commission will assess
José Manuel BARROSO

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