CELEX: 
Language: en
Date: 2019-11-26 00:00:00
Title: COMMISSION IMPLEMENTING DECISION on recognition of the "Universal Feed Assurance 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

EUROPEAN
                            COMMISSION
                                                     Brussels, 26.11.2019
                                                     C(2019) 8387 final
                      COMMISSION IMPLEMENTING DECISION
                                         of 26.11.2019
       on recognition of the "Universal Feed Assurance 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
EN                                                                                         EN
 ---pagebreak---                           COMMISSION IMPLEMENTING DECISION
                                              of 26.11.2019
         on recognition of the "Universal Feed Assurance 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
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 98/70/EC of the European Parliament and of the Council of 13
   October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive
   93/12/EEC1 , and in particular the second subparagraph of Article 7c(4) thereof,
   Having regard to Directive 2009/28/EC of the European Parliament and of the Council of 23
   April 2009 on the promotion of the use of energy from renewable sources and amending and
   subsequently repealing Directives 2001/77/EC and 2003/30/EC2, and in particular the second
   subparagraph of Article 18(4) thereof,
   Whereas:
   (1)    Articles 7b and 7c of, and Annex IV to, Directive 98/70/EC and Articles 17 and 18 of,
          and Annex V to, Directive 2009/28/EC lay down similar sustainability criteria for
          biofuels and bioliquids, and similar procedures for verifying that biofuels and
          bioliquids comply with those criteria.
   (2)    Where biofuels and bioliquids are to be taken into account for the purposes referred to
          in Article 17(1)(a), (b) and (c) of Directive 2009/28/EC, Member States should require
          economic operators to show that biofuels and bioliquids comply with the sustainability
          criteria set out in Article 17(2) to (5) of that Directive.
   (3)    The Commission may decide that voluntary national or international schemes setting
          standards for the production of biomass products contain accurate data for the
          purposes of Article 17(2) of Directive 2009/28/EC, and/or demonstrate that
          consignments of biofuel or bioliquid comply with the sustainability criteria set out in
          Article 17(3), (4) and (5), and/or that no materials have been intentionally modified or
          discarded so that the consignment or part thereof would fall under Annex IX. Where
          an economic operator provides proof or data obtained in accordance with a voluntary
          scheme that has been recognised by the Commission, to the extent covered by the
          recognition decision, a Member State should not require the supplier to provide further
          evidence of compliance with the sustainability criteria.
   1
          OJ L 350, 28.12.1998, p. 58.
   2
          OJ L 140, 5.6.2009, p. 16.
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 ---pagebreak---    (4)     The request for recognition that the "Universal Feed Assurance Scheme" demonstrates
           that consignments of biofuel comply with the sustainability criteria set out in
           Directives 98/70/EC and 2009/28/EC was submitted to the Commission on 14 June
           2019. The scheme that is based in Confederation House, East of England Showground,
           Peterborough, PE2 6XE, United Kingdom, cover feed ingredients and compound feeds
           as well as combinable crops. This scheme covers the trading, transport and storage
           stages of agricultural feedstock from farm gate to first processor and, for the other
           stages, relies on other voluntary schemes recognised by the Commission. As such, it is
           the responsibility of the ‘Universal Feed Assurance Scheme’ to ensure that the
           recognition issued by the Commission on those schemes with which it jointly operates
           remains valid during the length of cooperation. The recognised scheme should be
           made available at the transparency platform established under Directive 2009/28/EC.
   (5)     In assessing the "Universal Feed Assurance Scheme", the Commission found that it
           covers adequately the sustainability criteria set out in Directives 98/70/EC and
           2009/28/EC, except Article 7b(2) of Directive 98/70/EC and Article 17(2) of Directive
           2009/28/EC. It does, however, provide accurate data on elements that are required by
           economic operators downstream the chain of custody to demonstrate compliance with
           Article 7b(2) of Directive 98/70/EC and Article 17(2) of Directive 2009/28/EC and
           applies a mass balance methodology in line with the requirements of Article 7c(1) of
           Directive 98/70/EC and Article 18(1) of Directive 2009/28/EC.
   (6)     The assessment of the "Universal Feed Assurance Scheme" found that it meets
           adequate standards of reliability, transparency and independent auditing and also
           complies with the methodological requirements set out in Annex IV to Directive
           98/70/EC and in Annex V to Directive 2009/28/EC.
   (7)     The measures provided for in this Decision are in accordance with the opinion of the
           Committee on the Sustainability of Biofuels and Bioliquids,
   HAS ADOPTED THIS DECISION:
                                                Article 1
   The "Universal Feed Assurance Scheme" ("the scheme"), submitted for recognition to the
   Commission on 14 June 2019, demonstrates that consignments of biofuels and bioliquids
   produced in accordance with the standards for the production of biofuels and bioliquids set in
   the scheme comply with the sustainability criteria laid down in Article 7b(3), (4) and (5) of
   Directive 98/70/EC and Article 17(3), (4) and (5) of Directive 2009/28/EC.
   The scheme also contains accurate data for the purposes of Article 17(2) of Directive
   2009/28/EC and Article 7b(2) of Directive 98/70/EC in as far as it ensures that all relevant
   information from economic operators upstream the chain of custody is transferred to the
   economic operators downstream the chain of custody.
                                                Article 2
   In the event that the contents of the scheme, as submitted for recognition to the Commission
   on 14 June 2019, change in a way that might affect the basis of this Decision, such changes
   shall be notified to the Commission without delay. The Commission shall assess the notified
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 ---pagebreak---    changes with a view to establishing whether the scheme still adequately covers the
   sustainability criteria for which it is recognised.
                                                 Article 3
   The Commission may repeal this Decision inter alia under the following circumstances:
   (a)       if it has been clearly demonstrated that the scheme has not implemented elements
             considered to be important for this Decision or if severe and structural breach of
             those elements has taken place;
   (b)       if the scheme fails to submit annual reports to the Commission pursuant to Article
             7c(6) of Directive 98/70/EC and Article 18(6) of Directive 2009/28/EC;
   (c)       if the scheme fails to implement standards of independent auditing specified in
             implementing acts referred to in the third subparagraph of Article 7c(5) of Directive
             98/70/EC and the third subparagraph of Article 18(5) of Directive 2009/28/EC or
             improvements to other elements of the scheme considered to be important for a
             continued recognition.
                                                 Article 4
   This Decision shall enter into force on the twentieth day following that of its publication in
   the Official Journal of the European Union.
   It shall apply until 30 June 2021.
   Done at Brussels, 26.11.2019
                                                   For the Commission
                                                   The President
                                                   Ursula von der LEYEN
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