HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 110/42
EN
Official Journal of the European Union
24.4.2012
COMMISSION IMPLEMENTING DECISION
of 23 April 2012
on recognition of the ‘Ensus voluntary scheme under RED for Ensus bioethanol production’ for
demonstrating compliance with the sustainability criteria under Directives 2009/28/EC and
98/70/EC of the European Parliament and of the Council
(2012/210/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,
(6) When
an
economic
operator
provides
proof
or
data
obtained in accordance with a scheme that has been
Having regard to Directive 2009/28/EC of the European
recognised by the Commission, to the extent covered
Parliament and of the Council of 23 April 2009 on the
by that recognition decision, a Member State shall not
promotion of the use of energy from renewable sources and
require the supplier to provide further evidence of
amending and subsequently repealing Directives 2001/77/EC
compliance with the sustainability criteria.
and 2003/30/EC ( 1 ), and in particular Article 18(6) thereof,
(7) The
‘Ensus
voluntary
scheme
under
RED
for
Ensus
Having regard to Directive 98/70/EC of the European
bioethanol production’ (hereafter ‘Ensus scheme’) was
Parliament and of the Council of 13 October 1998 relating
submitted on 21 November 2011 to the Commission
to the quality of petrol and diesel fuels ( 2 ), as amended by
with the request for recognition. This scheme covers
Directive 2009/30/EC ( 3 ), and in particular Article 7c(6) thereof,
bioethanol from EU feed wheat produced by the Ensus
One plant. The recognised scheme will be made available
After consulting the Advisory Committee established by
at the transparency platform established under Directive
Article 25, paragraph 2 of Directive 2009/28/EC,
2009/28/EC. The Commission will take into account
considerations of commercial sensitivity and may
decide to only partially publish the scheme.
Whereas:
(1)
Directives 2009/28/EC and 2009/30/EC both lay down
(8)
Assessment of the Ensus scheme found it to adequately
sustainability criteria for biofuels. When reference is
cover the sustainability criteria of Directive 2009/28/EC,
made to the provisions of Articles 17, 18 and Annex
as well as applying a mass balance methodology in line
V to Directive 2009/28/EC this should be construed as
with the requirements of Article 18(1) of Directive
the reference also to the similar provisions of Articles 7b,
2009/28/EC.
7c and Annex IV to Directive 98/70/EC.
(9) The
evaluation
of
the
Ensus
scheme
found
that
it
meets
(2) Where
biofuels
and
bioliquids
are
to
be
taken
into
adequate standards of reliability, transparency and inde
account for the purposes referred to in Article 17(1),
pendent auditing and also complies with the methodo
points (a), (b) and (c), Member States shall require
logical requirements in Annex V to Directive
economic operators to show the compliance of biofuels
2009/28/EC,
and bioliquids with the sustainability criteria set out in
Article 17(2) to (5) by Directive 2009/28/EC.
HAS ADOPTED THIS DECISION:
(3) Recital
76
of
Directive
2009/28/EC
states
that
the
imposition of an unreasonable burden on industry
should be avoided and voluntary schemes can help
Article 1
create efficient solutions for proving compliance with
The voluntary scheme ‘Ensus voluntary scheme under RED for
these sustainability criteria.
Ensus bioethanol production’ for which the request for recog
nition was submitted to the Commission on 21 November
(4) The
Commission
may
decide
that
a
voluntary
national
or 2011 demonstrates that consignments of biofuels comply
international scheme demonstrates that consignments of
with the sustainability criteria as laid down in Article 17(3),
biofuel comply with the sustainability criteria set out in
17(4) and 17(5) of Directive 2009/28/EC and Article 7b(3),
Article 17(3) to (5) of Directive 2009/28/EC or that a
7b(4) and 7b(5) of Directive 98/70/EC. The scheme also
voluntary national or international scheme to measure
contains accurate data for purposes of Article 17(2) of
greenhouse gas emission savings contains accurate data
Directive 2009/28/EC and Article 7b(2) of Directive 98/70/EC.
for the purposes of Article 17(2) of this Directive.
Furthermore, it may be used for demonstrating compliance with
( 1 ) OJ L 140, 5.6.2009, p. 16.
( 2 ) OJ L 350, 28.12.1998, p. 58.
Article 18(1) of Directive 2009/28/EC and of Article 7c(1) of
( 3 ) OJ L 140, 5.6.2009, p. 88.
Directive 98/70/EC.

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EN
24.4.2012 Official
Journal
of
the
European
Union L
110/43
Article 2
Article 3
1. The Decision is valid for a period of five years after it
This Decision shall enter into force on the twentieth day
enters into force. If the scheme, after adoption of the
following that of its publication in the Official Journal of the
Commission decision, undergoes changes to its contents in a
European Union.
way that might affect the basis of this Decision, such changes
shall be notified 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 for which it is recognised.
Done at Brussels, 23 April 2012.
2. If
it
has
been
clearly
demonstrated
that
the
scheme
has
not implemented elements considered to be decisive for this
For the Commission
Decision and if a severe and structural breach of those
elements has taken place, the Commission may revoke its
The President
Decision.
José Manuel BARROSO

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Document Outline

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