Date: 2019-11-29Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Decision (EU) 2019/1993 of 28 November 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
Executive Summary:
This Commission Implementing Decision (EU) 2019/1993 recognizes the Trade Assurance Scheme for Combinable Crops (TASCC) for demonstrating compliance with sustainability criteria under Directives 98/70/EC and 2009/28/EC. The decision acknowledges that TASCC adequately covers sustainability criteria, with certain exceptions, and meets standards of reliability, transparency, and independent auditing. This decision is effective from the twentieth day following its publication and applies until June 30, 2021.
Key Points / Main Content:
* **Recognition of Trade Assurance Scheme for Combinable Crops (TASCC):**
* TASCC demonstrates compliance with sustainability criteria in Article 7b(3, 4, and 5) of Directive 98/70/EC and Article 17(3, 4, and 5) of Directive 2009/28/EC for biofuels and bioliquids.
* TASCC provides accurate data for Article 17(2) of Directive 2009/28/EC and Article 7b(2) of Directive 98/70/EC by ensuring relevant information is transferred along the chain of custody.
* **Changes to the Scheme:**
* Any changes to TASCC 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 sustainability criteria.
* **Repeal of the Decision:**
* The Commission may repeal this decision if the scheme:
* Has not implemented important elements or has a severe breach of those elements.
* Fails to submit annual reports.
* Fails to implement standards of independent auditing or improvements to the scheme.
* **Effective Date and Application:**
* This Decision entered into force on the twentieth day following its publication in the Official Journal of the European Union.
* It applies until June 30, 2021.
Impact Analysis:
* **Economic Operators:**
* *Impact:* Economic operators using TASCC benefit from a recognized scheme that demonstrates compliance with sustainability criteria, potentially reducing the need for further evidence.
* *Action Required:* Ensure continued compliance with TASCC standards and report any relevant changes to the scheme.
* **Member States:**
* *Impact:* Member States should not require further evidence of compliance with sustainability criteria from suppliers using the recognized TASCC scheme, to the extent covered by the recognition decision.
* *Action Required:* Acknowledge and accept proof or data obtained in accordance with TASCC for demonstrating compliance.
* **Trade Assurance Scheme for Combinable Crops (TASCC):**
* *Impact:* Formal recognition by the European Commission, increasing credibility and acceptance within the biofuel and bioliquid industries.
* *Action Required:* Maintain compliance with the scheme as submitted, notify the Commission of any changes, submit annual reports, and implement required auditing standards.
* **Commission:**
* *Impact:* Responsible for monitoring the scheme, assessing changes, and potentially repealing the decision under specific circumstances.
* *Action Required:* Assess notified changes to TASCC, monitor annual reports, and ensure implementation of auditing standards.
Key Entities Referenced
European Commission: The executive branch of the European Union, responsible for proposing legislation, implementing decisions, and managing the EU's day-to-day business.
Trade Assurance Scheme for Combinable Crops: A voluntary scheme that sets standards for the production of biomass products and demonstrates compliance with the sustainability criteria for biofuels and bioliquids.
Directive 98/70/EC: A directive of the European Parliament and of the Council relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC.
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.
European Parliament: The parliamentary body of the European Union, forming one half of the EU's legislature.
Council of the European Union: A part of the EU legislature. It is where national ministers from each EU country meet to adopt laws and coordinate policies.
Brussels: The de facto capital of the European Union, and the location where the Commission Implementing Decision was adopted.
Peterborough, Cambridgeshire, United Kingdom: Location of Confederation House, East of England Showground, the base of the Trade Assurance Scheme for Combinable Crops.
L 308/110 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 29.11.2019
COMMISSION IMPLEMENTING DECISION (EU) 2019/1993
of 28 November 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/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 ‘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.
(1) OJ L 350, 28.12.1998, p. 58.
(2) OJ L 140, 5.6.2009, p. 16.29.11.2019 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 308/111
(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 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 November 2019.
For the Commission
The President
Jean-Claude JUNCKER