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21.7.2011 Official
Journal
of
the
European
Union L
190/73
COMMISSION IMPLEMENTING DECISION
of 19 July 2011
on the recognition of the ‘Roundtable of Sustainable Biofuels EU RED’ 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
(2011/435/EU)
THE EUROPEAN COMMISSION,
should be avoided and voluntary schemes can help
creating efficient solutions for proving compliance with
these sustainability criteria.
Having regard to the Treaty on the Functioning of the European
Union,
(4) The
Commission
may
decide
that
a
voluntary
national
or
international scheme demonstrates that consignments of
biofuels comply with the sustainability criteria set out in
Having regard to Directive 2009/28/EC of the European
Article 17(3) to (5) of Directive 2009/28/EC or that a
Parliament and of the Council of 23 April 2009 on the
voluntary national or international scheme to measure
promotion of the use of energy from renewable sources and
greenhouse gas emission savings contains accurate data
amending and subsequently repealing Directives 2001/77/EC
for the purposes of Article 17(2) of this Directive.
and 2003/30/EC ( 1 ), and in particular Article 18(6) thereof,
Having regard to Directive 98/70/EC of the European
(5) The
Commission
may
recognise
such
a
voluntary
scheme
Parliament and of the Council of 13 October 1998 relating
for a period of 5 years.
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,
(6) When
an
economic
operator
provides
proof
or
data
obtained in accordance with a scheme that has been
After consulting the Advisory Committee established by
recognised by the Commission, to the extent covered
Article 25, paragraph 2 of Directive 2009/28/EC,
by that recognition decision, a Member State shall not
require the supplier to provide further evidence of
compliance with the sustainability criteria.
Whereas:
(7) The
‘Roundtable
of
Sustainable
Biofuels
EU
RED’
(here
inafter ‘RSB EU RED’) scheme was submitted on 10 May
(1) Directives
2009/28/EC
and
2009/30/EC
both
lay
down
2011 to the Commission with the request for recog
sustainability criteria for biofuels. When reference is
nition. The scheme has a global scope and can cover a
made to the provisions of Articles 17 and 18 and
wide range of different biofuels. The recognised scheme
Annex V to Directive 2009/28/EC this should be
will be made available at the transparency platform estab
construed as the reference also to the similar provisions
lished under Directive 2009/28/EC. The Commission will
of Articles 7a, 7b and 7c and Annex IV to Directive
take into account considerations of commercial sensi
2009/30/EC.
tivity and may decide to only partially publish the
scheme.
(2) Where
biofuels
and
bioliquids
are
to
be
taken
into
account for the purposes referred to in Article 17(1)(a),
(b) and (c), Member States shall require economic
(8) Assessment
of
the
‘RSB
EU
RED’
scheme
found
it
to
operators to show the compliance of biofuels and
adequately cover the sustainability criteria of Directive
bioliquids with the sustainability criteria set out in
2009/28/EC, as well as applying a mass balance
Article 17(2) to (5) of Directive 2009/28/EC.
methodology in line with the requirements of
Article 18(1) of the Directive 2009/28/EC.
(3) Recital
76
of
Directive
2009/28/EC
states
that
the
imposition of an unreasonable burden on industry
(9) The
evaluation
of
the
‘RSB
EU
RED’
scheme
found
that
it
meets adequate standards of reliability, transparency and
independent auditing and also complies with the metho
( 1 ) OJ L 140, 5.6.2009, p. 16.
( 2 ) OJ L 350, 28.12.1998, p. 58.
dological requirements in Annex V to Directive
( 3 ) OJ L 140, 5.6.2009, p. 88.
2009/28/EC.

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L 190/74
EN
Official Journal of the European Union
21.7.2011
(10) Any
additional
sustainability
elements
covered
by
the
Article 2
‘RSB EU RED’ scheme are not part of the consideration
of this Decision. These additional sustainability criteria
1. The Decision is valid for a period of 5 years after it enters
are not mandatory to show compliance with sustain
into force. If the scheme, after adoption of Commission
ability requirements set up in Directive 2009/28/EC.
decision, undergoes changes to its contents in a way that
The Commission may at a later stage take a view on
might affect the basis of this Decision, such changes shall be
whether the scheme also contains accurate data for the
notified to the Commission without delay. The Commission will
purpose of information on measures taken for issues
assess the notified changes with a view to establish whether the
referred to in the second paragraph, second sentence of
scheme is still adequately covering the sustainability criteria for
Article 18(4) of Directive 2009/28/EC,
which it is recognised.
HAS ADOPTED THIS DECISION:
2. If
it
has
been
clearly
demonstrated
that
the
scheme
has
not implemented elements considered to be decisive for this
Decision and if severe and structural breach of those elements
Article 1
has taken place, the Commission reserves the right to revoke its
The voluntary scheme ‘Roundtable of Sustainable Biofuels EU
Decision.
RED’ for which the request for partial recognition was
submitted to the Commission on 10 May 2011 demonstrates
Article 3
that consignments of biofuels comply with the sustainability
criteria as laid down in Article 17(3)(a), (b) and (c) and
This Decision enters into force 20 days after its publication in
Article 17(4) and (5) of Directive 2009/28/EC, and
the Official Journal of the European Union.
Article 7b(3)(a), (b) and (c) and Article 7b(4) and (5) of
Directive 98/70/EC. The scheme also contains accurate data
for purposes of Article 17(2) of Directive 2009/28/EC and
Done at Brussels, 19 July 2011.
Article 7b(2) of Directive 98/70/EC.
For the Commission
Furthermore, it may be used for demonstrating compliance with
Article 18(1) of Directive 2009/28/EC and Article 7c(1) of
The President
Directive 98/70/EC.
José Manuel BARROSO

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