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13.1.2011 Official
Journal
of
the
European
Union
L
9/11
COMMISSION DECISION
of 12 January 2011
on certain types of information about biofuels and bioliquids to be submitted by economic
operators to Member States
(notified under document C(2011) 36)
(2011/13/EU)
THE EUROPEAN COMMISSION,
(4) The greenhouse gas calculation for biofuels and
bioliquids included in the sustainability scheme allows
Having regard to the Treaty on the Functioning of the European
for the use of a bonus if biomass is obtained from
Union,
restored degraded land.
Having regard to Directive 2009/28/EC of the European
(5) The
greenhouse
gas
calculation
included
in
the
sustain
Parliament and of the Council of 23 April 2009 on the
ability scheme includes a factor reflecting emission
promotion of the use of energy from renewable sources and
savings from soil carbon accumulation via improved
amending and subsequently repealing Directives 2001/77/EC
agricultural management.
and 2003/30/EC ( 1 ), and in particular the third subparagraph
of Article 18(3) thereof,
(6) Taking
into
account
the
need
to
ensure
that
the
Having regard to Directive 98/70/EC of the European
provision of information on environmental and social
Parliament and of the Council of 13 October 1998 relating
aspects does not represent an excessive administrative
to the quality of petrol and diesel fuels and amending Council
burden for economic operators, it is appropriate to lay
Directive 93/12/EEC (
down that this information should be provided in the

2 ), and in particular the third subparagraph
of Article 7c(3) thereof,
form of a statement identifying whether or not the
consignments of biofuels or bioliquids in question have
been certified or accepted as fulfilling the requirements of
After consulting the Advisory Committee established by
a recognised voluntary scheme that includes such aspects;
Article 25(2) of Directive 2009/28/EC,
whether or not the bonus referred to in recital 4 is used;
and whether or not the carbon accumulation factor
Whereas:
referred to in recital 5 is used.
(1)
Member States should ensure that economic operators
(7) The
bonus
referred
to
in
recital
4
and
the
carbon
stock
report to them on the compliance of bioliquids with
accumulation factor referred to in recital 5 concern crop
the sustainability criteria established by Directive
cultivation. For that reason, it is not necessary for
2009/28/EC and on the compliance of biofuels with
information on these matters to be submitted for
the sustainability criteria established by that Directive
biofuels and bioliquids made from wastes or residues,
and Directive 98/70/EC, and also that economic
operators provide information on certain additional
environmental and social aspects.
HAS ADOPTED THIS DECISION:
(2) As
far
as
these
additional
environmental
and
social
aspects are concerned, the Commission is required to
Article 1
establish the list of appropriate and relevant information
The information to be submitted by economic operators for
to be reported.
each consignment of biofuel or bioliquid shall consist of an
indication of:
(3) Several
voluntary
schemes
setting
standards
for
the
production of biomass products are in existence or
under development that lay down requirements that
(a) whether the consignment has been certified or accepted as
cover, in part or whole, both the sustainability criteria
fulfilling the requirements of a voluntary scheme that has
and additional environmental and social aspects such as
been recognised by the Commission, in accordance with the
those to be covered by the Commission’s list. The
second subparagraph of Article 18(4) of Directive
Commission may recognise these voluntary schemes as
2009/28/EC and the second subparagraph of Article 7c(4)
reliable and acceptable sources of data for the purpose of
of Directive 98/70/EC, as containing accurate data for the
demonstrating compliance with the criteria. It may, in
purposes of information on measures taken for soil, water
addition, recognise them as containing accurate data in
and air protection, the restoration of degraded land, the
relation to the additional environmental and social
avoidance of excessive water consumption in areas where
aspects.
water is scarce and/or to take into account the issues
referred to in the second subparagraph of Article 17(7) of
( 1 ) OJ L 140, 5.6.2009, p. 16.
Directive 2009/28/EC and the second subparagraph of
( 2 ) OJ L 350, 28.12.1998, p. 58.
Article 7b(7) of Directive 98/70/EC;

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L 9/12
EN
Official Journal of the European Union
13.1.2011
(b) if the consignment has been certified or accepted as referred
98/70/EC has been used in the greenhouse gas calculation
to in point (a), the name of the voluntary scheme in
referred to in the same paragraph for the consignment.
question;
Article 2
With the exception of biofuels and bioliquids produced from
This Decision shall be without prejudice to the Commission’s
waste and residues, it shall consist in addition of an indication
right to request additional information from economic
of:
operators for the purposes of Article 23(2) of Directive
2009/28/EC.
(c) whether the bonus referred to in Annex V, part C, points 7
and 8 of Directive 2009/28/EC and Annex IV, part C,
Article 3
points 7 and 8 of Directive 98/70/EC has been used in
the greenhouse gas calculation referred to in Annex V,
This Decision is addressed to the Member States.
part C, point 1 of Directive 2009/28/EC and Annex IV,
part C, point 1 of Directive 98/70/EC for the consignment;
Done at Brussels, 12 January 2011.
(d) whether the factor for emissions savings from soil carbon
For the Commission
accumulation via improved agricultural management
referred to in Annex V, part C, point 1 of Directive
Günther OETTINGER
2009/28/EC and Annex IV, part C, point 1 of Directive
Member of the Commission

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