CELEX: 
Language: en
Date: 2019-11-28 00:00:00
Title: COMMISSION IMPLEMENTING DECISION on recognition of the "Trade Assurance Scheme for Combinable Crops" 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, 28.11.2019
                                                  C(2019) 8422 final
                    COMMISSION IMPLEMENTING DECISION
                                     of 28.11.2019
      on recognition of the "Trade Assurance Scheme for Combinable Crops" for
   demonstrating compliance with the sustainability criteria under Directives 98/70/EC
            and 2009/28/EC of the European Parliament and of the Council
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 ---pagebreak---                            COMMISSION IMPLEMENTING DECISION
                                               of 28.11.2019
          on recognition of the "Trade Assurance Scheme for Combinable Crops" 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 "Trade Assurance Scheme for Combinable Crops"
           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 can cover combinable crops,
           such as cereals, oilseeds and sugar beet. 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 "Trade Assurance Scheme for Combinable Crops"
           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 "Trade Assurance Scheme for Combinable Crops", 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 "Trade Assurance Scheme for Combinable Crops" 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 "Trade Assurance Scheme for Combinable Crops" ("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
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 ---pagebreak---    shall be notified to the Commission without delay. The Commission shall assess the notified
   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, 28.11.2019
                                                   For the Commission
                                                   The President
                                                   Jean-Claude JUNCKER
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