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21.7.2011 Official
Journal
of
the
European
Union L
190/75
COMMISSION IMPLEMENTING DECISION
of 19 July 2011
on the recognition of the ‘Abengoa RED Bioenergy Sustainability Assurance’ 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
(2011/436/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 5 years.
promotion of the use of energy from renewable sources and
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
obtained in accordance with a scheme that has been
recognised by the Commission, to the extent covered
Having regard to Directive 98/70/EC of the European
by that recognition decision, a Member State shall not
Parliament and of the Council of 13 October 1998 relating
require the supplier to provide further evidence of
to the quality of petrol and diesel fuels ( 2 ) as amended by
compliance with the sustainability criteria.
Directive 2009/30/EC ( 3 ), and in particular Article 7c(6) thereof,
After consulting the Advisory Committee established by
(7) The
‘Abengoa
RED
Bioenergy
Sustainability
Assurance’
Article 25, paragraph 2 of Directive 2009/28/EC,
(hereinafter ‘RBSA’) scheme was submitted on 8 April
2011 to the Commission with the request for recog
nition. The scheme covers a wide range of products
Whereas:
and applies to all geographic locations. The recognised
scheme will be made available at the transparency
platform established under Directive 2009/28/EC. The
(1) Directives
2009/28/EC
and
2009/30/EC
both
lay
down
Commission will take into account considerations of
sustainability criteria for biofuels. When reference is
commercial sensitivity and may decide to only partially
made to the provisions of Articles 17 and 18 of, and
publish the scheme.
Annex V to, Directive 2009/28/EC this should be
construed as the reference also to the similar provisions
of Articles 7a, 7b and 7c of, and Annex IV to, Directive
2009/30/EC.
(8) Assessment
of
the
RBSA
scheme
found
it
to
adequately
cover the sustainability criteria of Directive 2009/28/EC,
as well as applying a mass balance methodology in line
(2) Where
biofuels
and
bioliquids
are
to
be
taken
into
with the requirements of Article 18(1) of Directive
account for the purposes referred to in
2009/28/EC.
Article 17(1)(a), (b) and (c), Member States shall require
economic operators to show the compliance of biofuels
and bioliquids with the sustainability criteria set out in
(9) The
evaluation
of
the
RBSA
scheme
found
that
it
meets
Article 17(2) to (5) of Directive 2009/28/EC.
adequate standards of reliability, transparency and inde
pendent auditing and also complies with the methodo
logical requirements in Annex V to Directive
(3) Recital
76
of
Directive
2009/28/EC
states
that
the
2009/28/EC.
imposition of an unreasonable burden on industry
should be avoided and voluntary schemes can help
creating efficient solutions for proving compliance with
these sustainability criteria.
(10) Any
additional
sustainability
elements
covered
by
the
‘RBSA’ scheme are not part of the consideration of this
Decision. These additional sustainability criteria are not
(4) The
Commission
may
decide
that
a
voluntary
national
or
mandatory to show compliance with sustainability
international scheme demonstrates that consignments of
requirements set up in Directive 2009/28/EC. The
biofuels comply with the sustainability criteria set out in
Commission may at a later stage take a view on
whether the scheme also contains accurate data for the
purpose of information on measures taken for issues
( 1 ) OJ L 140, 5.6.2009, p. 16.
( 2 ) OJ L 350, 28.12.1998, p. 58.
referred to in the second paragraph, second sentence of
( 3 ) OJ L 140, 5.6.2009, p. 88.
Article 18(4) of Directive 2009/28/EC,

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L 190/76
EN
Official Journal of the European Union
21.7.2011
HAS ADOPTED THIS DECISION:
assess the notified changes with a view to establish whether the
scheme is still adequately covering the sustainability criteria for
Article 1
which it is recognised.
The voluntary scheme ‘RBSA’ for which the request for recog
nition was submitted to the Commission on 8 April 2011
2. If
it
has
been
clearly
demonstrated
that
the
scheme
has
demonstrates that consignments of biofuels comply with the
not implemented elements considered to be decisive for this
sustainability criteria as laid down in Article 17(3)(a), (b) and
Decision and if severe and structural breach of those elements
(c) and Article 17(4) and (5) of Directive 2009/28/EC and
has taken place, the Commission reserves the right to revoke its
Article 7b(3)(a), (b) and (c) and Article 7b(4) and (5) of
Decision.
Directive 98/70/EC. The scheme also contains accurate data
for purposes of Article 17(2) of Directive 2009/28/EC and
Article 7b(2) of Directive 98/70/EC.
Article 3
This Decision enters into force 20 days after its publication in
Furthermore, it may be used for demonstrating compliance with
the Official Journal of the European Union.
Article 18(1) of Directive 2009/28/EC and Article 7c(1) of
Directive 98/70/EC.
Article 2
Done at Brussels, 19 July 2011.
1. The
Decision
is
valid
for
a
period
of
5
years
after
it
enters
into force. If the scheme, after adoption of Commission
For the Commission
decision, undergoes changes to its contents in a way that
might affect the basis of this Decision, such changes shall be
The President
notified to the Commission without delay. The Commission will
José Manuel BARROSO

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