Date: 2018-11-28Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Decision (EU) 2018/1854 of 27 November 2018 on recognition of the ‘Better Biomass’ voluntary 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
Executive Summary:
This Commission Implementing Decision recognises the Better Biomass voluntary scheme for demonstrating compliance with sustainability criteria under Directives 98/70/EC and 2009/28/EC. The scheme, submitted on February 20, 2018, covers biofuels and bioliquids. The decision is effective from the twentieth day after publication in the Official Journal of the European Union and applies until December 18, 2023.
Key Points / Main Content:
Recognition of Better Biomass Scheme:
* The Better Biomass voluntary scheme demonstrates compliance with sustainability criteria in Article 7b(3, 4, 5) of Directive 98/70/EC and Article 17(3, 4, 5) of Directive 2009/28/EC for biofuels and bioliquids production.
* The scheme contains accurate data for Article 17(2) of Directive 2009/28/EC and Article 7b(2) of Directive 98/70/EC.
Scheme Changes and Reporting:
* Any changes to the Better Biomass scheme that may affect the basis of this decision must be notified to the Commission without delay.
* The Commission will assess the notified changes to ensure the scheme continues to adequately cover the sustainability criteria.
Potential Repeal of Decision:
* The Commission may repeal this decision if the scheme:
* Has not implemented elements considered decisive, or severe breaches have occurred.
* Fails to submit annual reports per Article 7c(6) of Directive 98/70/EC and Article 18(6) of Directive 2009/28/EC.
* Fails to implement standards of independent auditing as specified in implementing acts or improvements to elements decisive for continued recognition.
Impact Analysis:
Member States:
* Impact: Should not require further evidence of compliance with sustainability criteria if an economic operator provides proof obtained in accordance with the Better Biomass scheme.
* Action Required: Acknowledge data provided under the Better Biomass scheme as proof of compliance to the extent covered by the recognition decision.
Economic Operators:
* Impact: Can use the Better Biomass scheme to demonstrate compliance with sustainability criteria for biofuels and bioliquids.
* Action Required: Adhere to the standards and requirements of the Better Biomass scheme to ensure continued compliance.
Better Biomass Scheme:
* Impact: Officially recognised for demonstrating compliance with sustainability criteria.
* Action Required: Notify the Commission of any changes to the scheme, submit annual reports, and implement standards of independent auditing.
Commission:
* Impact: Responsible for assessing the Better Biomass scheme and any changes to it.
* Action Required: Assess notified changes, monitor scheme performance, and potentially repeal the decision if necessary.
Key Entities Referenced
Better Biomass voluntary scheme: A voluntary scheme for demonstrating compliance with the sustainability criteria for biofuels and bioliquids under Directives 98/70/EC and 2009/28/EC.
Directive 98/70/EC: Directive of the European Parliament and of the Council relating to the quality of petrol and diesel fuels.
Directive 2009/28/EC: Directive of the European Parliament and of the Council on the promotion of the use of energy from renewable sources.
European Parliament: Legislative branch of the European Union
Council of the European Union: A constituent part of the EU legislature, along with the European Parliament and the European Commission.
European Commission: Executive branch of the European Union responsible for proposing legislation, implementing decisions, and managing the EU's budget.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union, detailing the organization and operation of the EU.
Brussels: The location where the decision was made, implying the location of the European Commission in Brussels, Belgium.
28.11.2018 EN Official Journal of the European Union L 302/73
DECISIONS
COMMISSION IMPLEMENTING DECISION (EU) 2018/1854
of 27 November 2018
on recognition of the ‘Better Biomass’ voluntary 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/EEC (1), 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/EC (2), 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.
(4) The request for recognition that the ‘Better Biomass’ voluntary 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 20 February 2018. The scheme that is based in Vlinderweg 6, NL-2623 AX Delft, The
Netherlands, covers a wide range of feedstocks including wastes and residues and the entire chain of custody. The
recognised scheme documents should be made available at the transparency platform established under Directive
2009/28/EC.
(5) In assessing the ‘Better Biomass’ voluntary scheme, the Commission found that it covers adequately the sustain
ability criteria set out in Directives 98/70/EC and 2009/28/EC, as well as applies a mass balance methodology in
accordance 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 ‘Better Biomass’ voluntary 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 Sustain
ability of Biofuels and Bioliquids,
(1) OJ L 350, 28.12.1998, p. 58.
(2) OJ L 140, 5.6.2009, p. 16.L 302/74 EN Official Journal of the European Union 28.11.2018
HAS ADOPTED THIS DECISION:
Article 1
The ‘Better Biomass’ voluntary scheme (‘the scheme’), submitted for recognition to the Commission on 20 February
2018, 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.
Article 2
In the event that the contents of the scheme, as submitted for recognition to the Commission on 20 February 2018,
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 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 decisive 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 decisive 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 18 December 2023.
Done at Brussels, 27 November 2018.
For the Commission
The President
Jean-Claude JUNCKER