(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 must require economic operators to show that biofuels and bioliquids fulfil the sustainability criteria set out in Article 17(2) to (5) of that Directive.

(3)

The request for recognition that the ‘U.S. Soybean Sustainability Assurance Protocol’ 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 15 November 2018. The scheme is based in 16305 Swingley Ridge Road, Suite 200 Chesterfield, MO 63017, United States. It covers soybeans produced in the United States and the chain of custody from the farms producing the soybeans to the place where they are exported.

(4)

In assessing the ‘U.S. Soybean Sustainability Assurance Protocol’ the Commission found that the scheme covers adequately the sustainability criteria set out in Directives 98/70/EC and 2009/28/EC, and uses a mass balance system in accordance with Article 7c(1) of Directive 98/70/EC and Article 18(1) of Directive 2009/28/EC.

(5)

The assessment of the ‘U.S. Soybean Sustainability Assurance Protocol’ found that it meets adequate standards of reliability, transparency and independent auditing and complies with the methodological requirements set out in Annex IV to Directive 98/70/EC and in Annex V to Directive 2009/28/EC.

(6)

The measures provided for in this Decision are in accordance with the opinion of the Committee on the Sustainability of Biofuels and Bioliquids,

(a)

where it is clearly demonstrated that the scheme does not implement elements considered to be important for this Decision or if serious and structural breach of those elements has taken place;

(b)

where 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)

where the scheme fails to implement the standards of independent auditing specified by means of implementing acts pursuant to 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 carry out improvements to other elements of the scheme considered to be important for a continued recognition.