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25.7.2012 Official
Journal
of
the
European
Union L
198/17
COMMISSION IMPLEMENTING DECISION
of 24 July 2012
on recognition of the ‘Scottish Quality Farm Assured Combinable Crops Limited’ 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
(2012/427/EU)
THE EUROPEAN COMMISSION,
biofuel comply with the sustainability criteria set out in
Article 17(3) to (5) of Directive 2009/28/EC or that a
voluntary national or international scheme to measure
Having regard to the Treaty on the Functioning of the European
greenhouse gas emission savings contains accurate data
Union,
for the purposes of Article 17(2) of this Directive.
Having regard to Directive 2009/28/EC of the European
Parliament and of the Council of 23 April 2009 on the
(5) The
Commission
may
recognise
such
a
voluntary
scheme
promotion of the use of energy from renewable sources and
for a period of five years.
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
Having regard to Directive 98/70/EC of the European
obtained in accordance with a voluntary scheme that
Parliament and of the Council of 13 October 1998 relating
has been recognised by the Commission, to the extent
to the quality of petrol and diesel fuels (
covered by the recognition decision, a Member State

2 ) as amended by the
Directive 2009/30/EC (
should not require the supplier to provide further

3 ), and in particular Article 7c(6) thereof,
evidence of compliance with the sustainability criteria.
After consulting the Advisory Committee established by
Article 25, paragraph 2 of Directive 2009/28/EC,
(7) The
‘Scottish
Quality
Farm
Assured
Combinable
Crops
Limited’ scheme was submitted on 27 March 2012 to
the Commission with the request for recognition. This
Whereas:
scheme covers winter wheat, maize and oil seed rape
produced in the North of Great Britain up to the first
point of delivery of these crops. The recognised scheme
(1) Directives
98/70/EC
and
2009/28/EC
both
lay
down
should be made available at the transparency platform
sustainability criteria for biofuels. Provisions of Articles
established under Directive 2009/28/EC. The
7b and 7c and Annex IV to Directive 98/70/EC are
Commission should take into account considerations of
similar to provisions of Articles 17 and 18 and Annex
commercial sensitivity and may decide to only partially
V to Directive 2009/28/EC.
publish the scheme.
(2) Where
biofuels
and
bioliquids
are
to
be
taken
into
account for the purposes referred to in Article 17(1)(a),
(8) Assessment
of
the
‘Scottish
Quality
Farm
Assured
(b) and (c) of Directive 2009/28/EC, Member States
Combinable Crops Limited’ scheme found it to
should require economic operators to show the
adequately cover the sustainability criteria in Article 7b(3),
compliance of biofuels and bioliquids with the sustain
(4) and (5) of Directive 98/70/EC and Article 17(3), (4)
ability criteria set out in Article 17(2) to (5) of Directive
and (5) of Directive 2009/28/EC, as well as applying up
2009/28/EC.
to the first point of delivery of these crops a mass
balance methodology in line with the requirements of
Article 7c(1) of Directive 98/70/EC and Article 18(1)
(3) Recital
76
of
Directive
2009/28/EC
states
that
the
of Directive 2009/28/EC. The scheme gives accurate
imposition of an unreasonable burden on industry
data on two elements necessary for the purposes of
should be avoided and voluntary schemes can help
Article 7b(2) of Directive 98/70/EC and Article 17(2)
create efficient solutions for proving compliance with
of Directive 2009/28/EC, in particular, the geographic
these sustainability criteria.
area the 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 cover
(4) The
Commission
may
decide
that
a
voluntary
national
or
the sustainability criteria for part of their land. The
international scheme demonstrates that consignments of
scheme indicates the status of full or partial compliance
of the land of its members in its online member checker
database and shows compliance of consignments with
( 1 ) OJ L 140, 5.6.2009, p. 16.
( 2 ) OJ L 350, 28.12.1998, p. 58.
the sustainability criteria on the Scottish Quality Crops
( 3 ) OJ L 140, 5.6.2009, p. 88.
passport.

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L 198/18
EN
Official Journal of the European Union
25.7.2012
(9) The
evaluation
of
the
‘Scottish
Quality
Farm
Assured The voluntary scheme ‘Scottish Quality Farm Assured
Combinable Crops Limited’ scheme found that it meets
Combinable Crops Limited’ may be used up to the first point
adequate standards of reliability, transparency and inde
of delivery for the consignments concerned for demonstrating
pendent 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
‘Scottish Quality Farm Assured Combinable Crops
Article 2
Limited’ 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
into force. If the scheme, after adoption of this Decision,
are not mandatory to show compliance with sustain
undergoes changes to its contents in a way that might affect
ability requirements provided for by Directives
the basis of this Decision, such changes shall be notified to the
98/70/EC and 2009/28/EC,
Commission without delay. The Commission shall assess the
notified changes with a view to establish whether the scheme
is still adequately covering the sustainability criteria for which it
HAS ADOPTED THIS DECISION:
is recognised.
Article 1
If it has been clearly demonstrated that the scheme has not
implemented elements considered to be decisive for this
The voluntary scheme ‘Scottish Quality Farm Assured
Decision and if severe and structural breach of those elements
Combinable Crops Limited’ for which the request for recog
has taken place, the Commission may repeal this Decision.
nition was submitted to the Commission on 27 March 2012
demonstrates by means of its Scottish Quality Crops passport
that consignments of winter wheat, maize and oil seed rape
Article 3
comply with the sustainability criteria as laid down in
This Decision shall enter into force on the twentieth day
Article 17(3), (4) and (5) of Directive 2009/28/EC and
following that of its publication in the Official Journal of the
Article 7b(3), (4) and (5) of Directive 98/70/EC. The scheme
European Union.
also contains accurate 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, 24 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
For the Commission
be equal to 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
The President
Part C of Annex V to Directive 2009/28/EC.
José Manuel BARROSO

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Document Outline

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