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24.11.2012 Official
Journal
of
the
European
Union L
326/53
COMMISSION IMPLEMENTING DECISION
of 23 November 2012
on recognition of the ‘Roundtable on Sustainable Palm Oil RED’ 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
(2012/722/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 voluntary scheme that
has been recognised by the Commission, to the extent
Having regard to Directive 2009/28/EC of the European
covered by the recognition decision, a Member State
Parliament and of the Council of 23 April 2009 on the
should not require the supplier to provide further
promotion of the use of energy from renewable sources and
evidence of compliance with the sustainability criteria.
amending and subsequently repealing Directives 2001/77/EC
and 2003/30/EC ( 1 ), and in particular Article 18(6) thereof,
(7) The
‘Roundtable
on
Sustainable
Palm
Oil
RED’
scheme
was submitted on 10 February 2012 to the Commission
Having regard to Directive 98/70/EC of the European
with the request for recognition. The scheme covers palm
Parliament and of the Council of 13 October 1998 relating
oil based products. The recognised scheme should be
to the quality of petrol and diesel fuels ( 2 ) as amended by the
made available at the transparency platform established
Directive 2009/30/EC ( 3 ), and in particular Article 7c(6) thereof,
under Directive 2009/28/EC. The Commission should
take into account considerations of commercial sensi
tivity and may decide to only partially publish the
After consulting the Advisory Committee established by
scheme.
Article 25, paragraph 2 of Directive 2009/28/EC,
(8) Assessment
of
the
‘Roundtable
on
Sustainable
Palm
Oil
Whereas:
RED’ scheme found it to adequately cover the sustain
ability criteria in Article 7b(3), (4) and (5) of Directive
98/70/EC and Article 17(3), (4) and (5) of Directive
(1) Directives
98/70/EC
and
2009/28/EC
both
lay
down
sustainability criteria for biofuels. Provisions of Articles
2009/28/EC, as well as applying a chain of custody
7b, 7c of and Annex IV to Directive 98/70/EC are similar
methodology in line with the requirements of
to provisions of Articles 17, 18 of and Annex V to
Article 7c(1) of Directive 98/70/EC and Article 18(1)
Directive 2009/28/EC.
of Directive 2009/28/EC.

(9) The
evaluation
of
the
‘Roundtable
on
Sustainable
Palm
(2) Where
biofuels
and
bioliquids
are
to
be
taken
into
Oil RED’ scheme found that it meets adequate standards
account for the purposes referred to in Article 17(1)(a),
of reliability, transparency and independent auditing and
(b) and (c) of Directive 2009/28/EC Member States
also complies with the methodological requirements in
should require economic operators to show the
Annex IV of Directive 98/70/EC and Annex V of
compliance of biofuels and bioliquids with the sustain
Directive 2009/28/EC.
ability criteria set out in Article 17(2) to (5) of Directive
2009/28/EC.
(10) Any
additional
sustainability
elements
covered
by
the
‘Roundtable on Sustainable Palm Oil RED’ scheme are
(3) Recital
76
of
Directive
2009/28/EC
states
that
the
not part of the consideration of this Decision. These
imposition of an unreasonable burden on industry
additional sustainability elements are not mandatory to
should be avoided and voluntary schemes can help
show compliance with sustainability requirements
create efficient solutions for proving compliance with
provided for by Directives 98/70/EC and 2009/28/EC.
these sustainability criteria.
(11) The
‘Roundtable
on
Sustainable
Palm
Oil
RED’
scheme
(4) The
Commission
may
decide
that
a
voluntary
national
or
was assessed against legislation in force at the time of the
international scheme demonstrates that consignments of
adoption of this Commission Implementing Decision. In
biofuel comply with the sustainability criteria set out in
the case of relevant changes in the legal basis the
Article 17(3) to (5) of Directive 2009/28/EC or that a
Commission will assess the scheme with a view to
voluntary national or international scheme to measure
establish whether the scheme is still adequately
greenhouse gas emission savings contains accurate data
covering the sustainability criteria for which it is recog
for the purposes of Article 17(2) of this Directive.
nised.
(12) The
measures provided for in this Decision are in
( 1 ) OJ L 140, 5.6.2009, p. 16.
( 2 ) OJ L 350, 28.12.1998, p. 58.
accordance with the opinion of the Committee on the
( 3 ) OJ L 140, 5.6.2009, p. 88.
Sustainability of Biofuels and Bioliquids,

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L 326/54
EN
Official Journal of the European Union
24.11.2012
HAS ADOPTED THIS DECISION:
Commission without delay. The Commission shall assess the
notified changes with a view to establish whether the scheme
Article 1
is still adequately covering the sustainability criteria for which it
The voluntary scheme ‘Roundtable on Sustainable Palm Oil
is recognised.
RED’ for which the request for recognition was submitted to
the Commission on 10 February 2012 demonstrates that
If it has been clearly demonstrated that the scheme has not
consignments of biofuels comply with the sustainability
implemented elements considered to be decisive for this
criteria as laid down in Articles 17(3), 17(4) and 17(5) of
Decision and if severe and structural breach of those elements
Directive 2009/28/EC and Articles 7b(3), 7b(4) and 7b(5) of
has taken place, the Commission may repeal this Decision.
Directive 98/70/EC. The scheme also contains accurate data
Article 3
for purposes of 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 ‘Roundtable on Sustainable Palm Oil
European Union.
RED’ may be used for demonstrating compliance with
Article 7c(1) of Directive 98/70/EC and Article 18(1) of
Directive 2009/28/EC.
Done at Brussels, 23 November 2012.
Article 2
The Decision is valid for a period of five years after it enters
For the Commission
into force. If the scheme, after adoption of this Decision,
undergoes changes to its contents in a way that might affect
The President
the basis of this Decision, such changes shall be notified to the
José Manuel BARROSO

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Document Outline

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