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1.8.2012 Official
Journal
of
the
European
Union L
205/17
DECISIONS
COMMISSION IMPLEMENTING DECISION
of 31 July 2012
on recognition of the ‘NTA 8080’ 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
(2012/452/EU)
THE EUROPEAN COMMISSION,
Article 17(3) to (5) of Directive 2009/28/EC or that a
voluntary national or international scheme to measure
greenhouse gas emission savings 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 (
(6) When
an
economic
operator
provides
proof
or
data

1 ), and in particular Article 18(6) thereof,
obtained in accordance with a voluntary scheme that
has been recognised by the Commission, to the extent
Having regard to Directive 98/70/EC of the European
covered by the recognition decision, a Member State
Parliament and of the Council of 13 October 1998 relating
should not require the supplier to provide further
to the quality of petrol and diesel fuels ( 2 ) as amended by the
evidence of compliance with the sustainability criteria.
Directive 2009/30/EC ( 3 ), and in particular Article 7c(6) thereof,
(7) The
‘NTA
8080’
scheme
was
submitted
on
15
March
After consulting the Advisory Committee established by
2012 to the Commission with the request for recog
Article 25, paragraph 2 of Directive 2009/28/EC,
nition. The NTA 8080 scheme that consists of the
NTA 8080 standard, the 8081 standard and additional
Whereas:
scheme documents can cover a wide range of different
biofuels and bioliquids. The recognised scheme should be
made available at the transparency platform established
(1) Directives
98/70/EC
and
2009/28/EC
both
lay
down
under Directive 2009/28/EC. The Commission should
sustainability criteria for biofuels. Provisions of Article 7b,
take into account considerations of commercial sensi
7c and Annex IV of Directive 98/70/EC are similar to
tivity and may decide to only partially publish the
provisions of Articles 17, 18 and Annex V of Directive
scheme.
2009/28/EC.
(8) Assessment
of
the
‘NTA
8080’
scheme
found
it
to
(2) Where
biofuels
and
bioliquids
are
to
be
taken
into
adequately cover the sustainability criteria in
account for the purposes referred to in Article 17(1)(a),
Article 7b(3)(a), 7b(3)(b), Article 7b(4) and 7b(5) of
(b) and (c) of Directive 2009/28/EC Member States
Directive 98/70/EC and Article 17(3)(a), 17(3)(b),
should require economic operators to show the
Article 17(4) and 17(5) of Directive 2009/28/EC, as
compliance of biofuels and bioliquids with the sustain
well as applying a mass balance methodology in line
ability criteria set out in Article 17(2) to (5) of Directive
with the requirements of Article 7c(1) of Directive
2009/28/EC.
98/70/EC and Article 18(1) of 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
‘NTA
8080’
scheme
found
that
it
should be avoided and voluntary schemes can help
meets adequate standards of reliability, transparency and
create efficient solutions for proving compliance with
independent auditing and also complies with the metho
these sustainability criteria.
dological requirements in Annex IV to Directive
98/70/EC and Annex V to Directive 2009/28/EC.
(4) The
Commission
may
decide
that
a
voluntary
national
or
international scheme demonstrates that consignments of
(10) Any
additional
sustainability
elements
covered
by
the
biofuel comply with the sustainability criteria set out in
‘NTA 8080’ scheme are not part of the consideration
of this Decision. These additional sustainability
elements are not mandatory to show compliance with
( 1 ) OJ L 140, 5.6.2009, p. 16.
( 2 ) OJ L 350, 28.12.1998, p. 58.
sustainability requirements provided for by Directives
( 3 ) OJ L 140, 5.6.2009, p. 88.
98/70/EC and 2009/28/EC,

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L 205/18
EN
Official Journal of the European Union
1.8.2012
HAS ADOPTED THIS DECISION:
notified changes with a view to establish whether the scheme
is still adequately covering the sustainability criteria for which it
Article 1
is recognised.
The voluntary scheme ‘NTA 8080’ for which the request for
recognition was submitted to the Commission on 15 March
If it has been clearly demonstrated that the scheme has not
2012 demonstrates that consignments of biofuels comply
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
17(3)(b), Article 17(4) and 17(5) of Directive 2009/28/EC and
has taken place, the Commission may repeal this Decision.
Article 7b(3)(a), 7b(3)(b), 7b(4) and 7b(5) of Directive 98/70/EC.
The scheme also contains accurate data for purposes of
Article 3
Article 17(2) of Directive 2009/28/EC and Article 7b(2) of
Directive 98/70/EC.
This Decision shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
The voluntary scheme ‘NTA 8080’ may be used for demon
European Union.
strating compliance with Article 7c(1) of Directive 98/70/EC
and Article 18(1) of Directive 2009/28/EC.
Article 2
Done at Brussels, 31 July 2012.
The Decision is valid for a period of five years after it enters
into force. If the scheme, after adoption of this Decision,
For the Commission
undergoes changes to its contents in a way that might affect
the basis of this Decision, such changes shall be notified to the
The President
Commission without delay. The Commission shall assess the
José Manuel BARROSO

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Document Outline

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