Date: 2018-12-14Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Decision (EU) 2018/1984 of 13 December 2018 on recognition of the ‘KZR INiG System’ 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 (EU) 2018/1984 recognises the KZR INiG System as demonstrating compliance with sustainability criteria for biofuels and bioliquids under Directives 98/70/EC and 2009/28/EC. The decision, effective from the twentieth day following its publication, is valid until 3 January 2024. The KZR INiG System was submitted for recognition on 11 August 2017.
Key Points / Main Content:
* **Recognition of KZR INiG System:**
* The KZR INiG System demonstrates compliance with sustainability criteria for biofuels and bioliquids as defined 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 system provides accurate data as required by Article 17(2) of Directive 2009/28/EC and Article 7b(2) of Directive 98/70/EC.
* **Changes to the Scheme:**
* Any changes to the KZR INiG System that may affect the basis of this decision must be notified to the Commission without delay.
* The Commission will assess these changes to determine if the scheme continues to adequately cover the sustainability criteria.
* **Grounds for Repeal:**
* The Commission may repeal this decision under specific circumstances, including:
* Failure to implement important elements of the scheme or severe breach of those elements.
* Failure to submit annual reports to the Commission as required by Article 7c(6) of Directive 98/70/EC and Article 18(6) of Directive 2009/28/EC.
* Failure to implement standards of independent auditing or improvements to the scheme.
* **Effective Date and Application Period:**
* This Decision enters into force on the twentieth day following its publication in the Official Journal of the European Union.
* It applies until 3 January 2024.
Impact Analysis:
* **Economic Operators (Suppliers of Biofuels and Bioliquids):**
* Impact: Recognition of the KZR INiG System means that Member States should not require further evidence of compliance with sustainability criteria from suppliers who provide proof or data obtained in accordance with the KZR INiG System.
* Action Required: Ensure continued compliance with the KZR INiG System standards to demonstrate sustainability criteria for biofuels and bioliquids.
* **KZR INiG System (Scheme Operator):**
* Impact: The scheme is recognised for demonstrating compliance with sustainability criteria and providing accurate data.
* Action Required: Notify the Commission of any changes to the scheme, submit annual reports, and implement standards of independent auditing and improvements to the scheme to maintain recognition.
* **Member States:**
* Impact: Must recognize data provided under the KZR INiG System as sufficient evidence of compliance with sustainability criteria; should not require further evidence from suppliers to the extent covered by the recognition decision.
* Action Required: Acknowledge and accept the KZR INiG System for demonstrating compliance with sustainability criteria.
* **European Commission:**
* Impact: Responsible for assessing any changes to the KZR INiG System and determining if it continues to meet the sustainability criteria. The Commission also has the authority to repeal the decision under certain circumstances.
* Action Required: Monitor the KZR INiG System for compliance, assess any notified changes, and take action (including potential repeal) if the system fails to meet the required standards.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Commission: An executive branch of the European Union responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Directive 98/70/EC: A directive of the European Parliament and of the Council relating to the quality of petrol and diesel fuels.
Directive 2009/28/EC: A directive of the European Parliament and of the Council on the promotion of the use of energy from renewable sources.
KZR INiG System: A voluntary scheme based in Krakw, Poland for demonstrating compliance with the sustainability criteria under Directives 98/70/EC and 2009/28/EC.
Poland: Country where KZR INiG System is based.
Jean-Claude Juncker: The President of the European Commission at the time this decision was adopted.
Brussels: The city where the Commission decision was made.
14.12.2018 EN Official Journal of the European Union L 317/25
COMMISSION IMPLEMENTING DECISION (EU) 2018/1984
of 13 December 2018
on recognition of the ‘KZR INiG System’ 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 ‘KZR INiG System’ 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
11 August 2017. The scheme that is based in ul. Lubicz 25A, 31-503 Kraków, Poland, covers a wide range of
feedstocks including wastes and residues and the entire chain of custody.
(5) In assessing the ‘KZR INiG Syste’m, the Commission found that it covers adequately the sustainability 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 ‘KZR INiG System’ 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 317/26 EN Official Journal of the European Union 14.12.2018
HAS ADOPTED THIS DECISION:
Article 1
The ‘KZR INiG System’ (‘the scheme’), submitted for recognition to the Commission on 11 August 2017, 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 11 August 2017,
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 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 3 January 2024.
Done at Brussels, 13 December 2018.
For the Commission
The President
Jean-Claude JUNCKER