ISSN 1977-0677

Official Journal

of the European Union

L 232

European flag  

English edition

Legislation

Volume 59
27 August 2016


Contents

 

II   Non-legislative acts

page

 

 

REGULATIONS

 

*

Commission Implementing Regulation (EU) 2016/1429 of 26 August 2016 approving the active substance Bacillus amyloliquefaciens strain MBI 600, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 ( 1 )

1

 

*

Commission Implementing Regulation (EU) 2016/1430 of 26 August 2016 amending for the 251st time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaeda organisations

6

 

 

Commission Implementing Regulation (EU) 2016/1431 of 26 August 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

8

 

 

DECISIONS

 

*

Decision (EU, Euratom) 2016/1432 of the European Parliament, the Council and the Commission of 19 August 2016 appointing the Director of the Authority for European political parties and European political foundations

10

 

*

Commission Implementing Decision (EU) 2016/1433 of 26 August 2016 on recognition of the Biomass Biofuels Sustainability 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

13

 


 

(1)   Text with EEA relevance

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.


II Non-legislative acts

REGULATIONS

27.8.2016   

EN

Official Journal of the European Union

L 232/1


COMMISSION IMPLEMENTING REGULATION (EU) 2016/1429

of 26 August 2016

approving the active substance Bacillus amyloliquefaciens strain MBI 600, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 13(2) thereof,

Whereas:

(1)

In accordance with Article 7(1) of Regulation (EC) No 1107/2009 France received on 28 June 2013 an application from BASF Agricultural Specialities Ltd for the approval of the active substance Bacillus amyloliquefaciens strain MBI 600.

(2)

In accordance with Article 9(3) of that Regulation, France, as rapporteur Member State, notified the applicant, the other Member States, the Commission and the European Food Safety Authority (hereinafter ‘the Authority’) on 4 September 2013 of the admissibility of the application.

(3)

On 5 January 2015 the rapporteur Member State submitted a draft assessment report to the Commission with a copy to the Authority, assessing whether that active substance can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009.

(4)

The Authority complied with Article 12(1) of Regulation (EC) No 1107/2009. In accordance with Article 12(3) of Regulation (EC) No 1107/2009, it requested that the applicant supply additional information to the Member States, the Commission and the Authority. The assessment of the additional information by the rapporteur Member State was submitted to the Authority in the format of an updated draft assessment report on 21 September 2015.

(5)

On 4 December 2015 the Authority communicated to the applicant, the Member States and the Commission its conclusion (2) on whether the active substance Bacillus amyloliquefaciens strain MBI 600 can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009. The Authority made its conclusion available to the public.

(6)

On 8 March 2016 the Commission presented to the Standing Committee on Plants, Animals, Food and Feed the review report for Bacillus amyloliquefaciens strain MBI 600 and the draft of this Regulation providing that Bacillus amyloliquefaciens strain MBI 600 is approved.

(7)

The applicant was given the possibility to submit comments on the review report.

(8)

It has been established with respect to one or more representative uses of at least one plant protection product containing the active substance, and in particular the uses which were examined and detailed in the review report, that the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009 are satisfied.

(9)

It is therefore appropriate to approve Bacillus amyloliquefaciens strain MBI 600.

(10)

In accordance with Article 13(2) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is necessary to include certain conditions and restrictions.

(11)

In accordance with Article 13(4) of Regulation (EC) No 1107/2009, the Annex to Commission Implementing Regulation (EU) No 540/2011 (3) should be amended accordingly.

(12)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS REGULATION:

Article 1

Approval of active substance

The active substance Bacillus amyloliquefaciens strain MBI 600, as specified in Annex I, is approved subject to the conditions laid down in that Annex.

Article 2

Amendments to Implementing Regulation (EU) No 540/2011

The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.

Article 3

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 August 2016.

For the Commission

The President

Jean-Claude JUNCKER


(1)  OJ L 309, 24.11.2009, p. 1.

(2)  EFSA (European Food Safety Authority), 2016. Conclusion on the peer review of the pesticide risk assessment of the active substance Bacillus amyloliquefaciens strain MBI 600. EFSA Journal 2016;14(1):4359, 37 pp. doi:10.2903/j.efsa.2016.4359.

(3)  Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).


ANNEX I

Common Name, Identification Numbers

IUPAC Name

Purity (1)

Date of approval

Expiration of approval

Specific provisions

Bacillus amyloliquefaciens strain MBI 600.

Accession number in the National Collection of Industrial, Marine and Food Bacteria Ltd (NCIMB), Scotland: NCIMB 12376

Deposit number in the American Type Culture Collection (ATCC): SD-1414

Not applicable

Minimum concentration:

5,0 × 1014 CFU/kg

16 September 2016

16 September 2026

For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on Bacillus amyloliquefaciens strain MBI 600, and in particular Appendices I and II thereto, shall be taken into account.

In this overall assessment Member States shall pay particular attention to:

(a)

the specification of the technical material as commercially manufactured, including full characterisation of impurities and metabolites;

(b)

the protection of operators and workers, taking into account that Bacillus amyloliquefaciens strain MBI 600 is to be considered as a potential sensitiser.

Conditions of use shall include risk mitigation measures, where appropriate.

Strict maintenance of environmental conditions and quality control analysis during the manufacturing process shall be assured by the producer.


(1)  Further details on identity and specification of active substance are provided in the review report.


ANNEX II

In Part B of the Annex to Implementing Regulation (EU) No 540/2011, the following entry is added:

 

Common Name, Identification Numbers

IUPAC Name

Purity (*)

Date of approval

Expiration of approval

Specific provisions

‘101

Bacillus amyloliquefaciens strain MBI 600.

Accession number in the National Collection of Industrial, Marine and Food Bacteria Ltd (NCIMB), Scotland: NCIMB 12376

Deposit number in the American Type Culture Collection (ATCC): SD-1414

Not applicable

Minimum concentration:

5,0 × 1014 CFU/kg

16 September 2016

16 September 2026

For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on Bacillus amyloliquefaciens strain MBI 600, and in particular Appendices I and II thereto, shall be taken into account.

In this overall assessment Member States shall pay particular attention to:

(a)

the specification of the technical material as commercially manufactured, including full characterisation of impurities and metabolites;

(b)

the protection of operators and workers, taking into account that Bacillus amyloliquefaciens strain MBI 600 is to be considered as a potential sensitiser.

Conditions of use shall include risk mitigation measures, where appropriate.

Strict maintenance of environmental conditions and quality control analysis during the manufacturing process shall be assured by the producer.’


(*)  Further details on identity and specification of active substance are provided in the review report.


27.8.2016   

EN

Official Journal of the European Union

L 232/6


COMMISSION IMPLEMENTING REGULATION (EU) 2016/1430

of 26 August 2016

amending for the 251st time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaeda organisations

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations (1), and in particular Article 7(1)(a) and Article 7a(5) thereof,

Whereas:

(1)

Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.

(2)

On 22 August 2016, the Sanctions Committee of the United Nations Security Council decided to amend one entry in its list of persons, groups and entities to whom the freezing of funds and economic resources should apply. Annex I to Regulation (EC) No 881/2002 should therefore be updated accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 881/2002 is amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 August 2016.

For the Commission,

On behalf of the President,

Head of the Service for Foreign Policy Instruments


(1)  OJ L 139, 29.5.2002, p. 9.


ANNEX

In Annex I to Regulation (EC) No 881/2002 the entry ‘Dawood Ibrahim Kaskar (alias (a) Dawood Ebrahim, (b) Sheikh Dawood Hassan, (c) Abdul Hamid Abdul Aziz, (d) Anis Ibrahim, (e) Aziz Dilip, (f) Daud Hasan Shaikh Ibrahim Kaskar, (g) Daud Ibrahim Memon Kaskar, (h) Dawood Hasan Ibrahim Kaskar, (i) Dawood Ibrahim Memon, (j) Dawood Sabri, (k) Kaskar Dawood Hasan, (l) Shaikh Mohd Ismail Abdul Rehman, (m) Dowood Hassan Shaikh Ibrahim, (n) Ibrahim Shaikh Mohd Anis, (o) Shaikh Ismail Abdul, (p) Hizrat). Title: (a) Sheikh, (b) Shaikh. Address: (a) White House, Near Saudi Mosque, Clifton, Karachi, Pakistan, (b) House Nu 37 — 30th Street — defence, Housing Authority, Karachi Pakistan. Date of birth: 26.12.1955. Place of birth: (a) Bombay, (b) Ratnagiri, India. Nationality: Indian. Passport No: (a) A-333602 (Indian passport issued on 4.6.1985 in Bombay, India), (b) M110522 (Indian passport issued on 13.11.1978 in Bombay, India), (c) R841697 (Indian passport issued on 26.11.1981 in Bombay), (d) F823692 (JEDDAH) (Indian passport issued by CGI in Jeddah, on 2.9.1989), (e) A501801 (BOMBAY) (Indian passport issued on 26.7.1985), (f) K560098 (BOMBAY) (Indian passport issued on 30.7.1975), (g) V57865 (BOMBAY) (issued on 3.10.1983), (h) P537849 (BOMBAY) (issued on 30.7.1979), (i) A717288 (MISUSE) (issued on 18.8.1985 in Dubai, (j) G866537 (MISUSE) (Pakistani passport issued on 12.8.1991 in Rawalpindi), (k) C-267185 (issued in Karachi in July 1996), (l) H-123259 (issued in Rawalpindi in July 2001), (m) G-869537 (issued in Rawalpindi), (n) KC-285901. Other information: Passport No A-333602 has been revoked by the Government of India. Date of designation referred to in Article 2a (4) (b): 3.11.2003.’ under the heading ‘Natural persons’ is replaced by the following:

‘Dawood Ibrahim Kaskar (alias (a) Dawood Ebrahim, (b) Sheikh Dawood Hassan, (c) Abdul Hamid Abdul Aziz, (d) Anis Ibrahim, (e) Aziz Dilip, (f) Daud Hasan Shaikh Ibrahim Kaskar, (g) Daud Ibrahim Memon Kaskar, (h) Dawood Hasan Ibrahim Kaskar, (i) Dawood Ibrahim Memon, (j) Dawood Sabri, (k) Kaskar Dawood Hasan, (l) Shaikh Mohd Ismail Abdul Rehman, (m) Dowood Hassan Shaikh Ibrahim, (n) Ibrahim Shaikh Mohd Anis, (o) Shaikh Ismail Abdul, (p) Hizrat, (q) Dawood Bhai, (r) Sheikh Farooqi, (s) Bada Seth, (t) Bada Bhai, (u) Iqbal Bhai, (v) Mucchad, (w) Haji Sahab). Title: Sheikh. Address: (a) White House, Near Saudi Mosque, Clifton, Karachi, Pakistan, (b) House Nu 37 — 30th Street — defence, Housing Authority, Karachi Pakistan, (c) Palatial bungalow in the hilly area of Noorabad in Karachi. Date of birth: 26.12.1955. Place of birth: Kher, Ratnagiri, Maharashtra, India. Nationality: Indian. Passport No: (a) A-333602 (Indian passport issued on 4.6.1985 in Bombay, India), (b) M110522 (Indian passport issued on 13.11.1978 in Bombay, India), (c) R841697 (Indian passport issued on 26.11.1981 in Bombay), (d) F823692 (JEDDAH) (Indian passport issued by CGI in Jeddah, on 2.9.1989), (e) A501801 (BOMBAY) (Indian passport issued on 26.7.1985), (f) K560098 (BOMBAY) (Indian passport issued on 30.7.1975), (g) V57865 (BOMBAY) (issued on 3.10.1983), (h) P537849 (BOMBAY) (issued on 30.7.1979), (i) A717288 (MISUSE) (issued on 18.8.1985 in Dubai, (j) G866537 (MISUSE) (Pakistani passport issued on 12.8.1991 in Rawalpindi), (k) C-267185 (issued in Karachi in July 1996), (l) H-123259 (issued in Rawalpindi in July 2001), (m) G-869537 (issued in Rawalpindi), (n) KC-285901. Other information: (a) Passport No A-333602 has been revoked by the Government of India, (b) Father's name is Sheikh Ibrahim Ali Kaskar, mother's name is Amina Bi, wife's name is Mehjabeen Shaikh. Date of designation referred to in Article 7d(2)(i): 3.11.2003.’


27.8.2016   

EN

Official Journal of the European Union

L 232/8


COMMISSION IMPLEMENTING REGULATION (EU) 2016/1431

of 26 August 2016

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),

Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,

Whereas:

(1)

Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

(2)

The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 August 2016.

For the Commission,

On behalf of the President,

Jerzy PLEWA

Director-General for Agriculture and Rural Development


(1)  OJ L 347, 20.12.2013, p. 671.

(2)  OJ L 157, 15.6.2011, p. 1.


ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

AR

186,0

MA

149,7

ZZ

167,9

0707 00 05

TR

179,1

ZZ

179,1

0709 93 10

TR

138,8

ZZ

138,8

0805 50 10

AR

186,9

CL

141,0

MA

95,0

TR

156,0

UY

140,6

ZA

182,5

ZZ

150,3

0806 10 10

EG

224,7

TR

130,8

ZZ

177,8

0808 10 80

AR

120,9

BR

106,9

CL

145,7

CN

160,3

NZ

158,5

UY

93,1

ZA

91,8

ZZ

125,3

0808 30 90

AR

93,2

CL

107,6

TR

143,2

ZA

109,5

ZZ

113,4

0809 30 10 , 0809 30 90

TR

130,5

ZZ

130,5


(1)  Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’.


DECISIONS

27.8.2016   

EN

Official Journal of the European Union

L 232/10


DECISION (EU, Euratom) 2016/1432 OF THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE COMMISSION

of 19 August 2016

appointing the Director of the Authority for European political parties and European political foundations

THE EUROPEAN PARLIAMENT, THE COUNCIL OF THE EUROPEAN UNION AND THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to the Treaty establishing the European Atomic Energy Community,

Having regard to Regulation (EU, Euratom) No 1141/2014 of the European Parliament and of the Council of 22 October 2014 on the statute and funding of European political parties and European political foundations (1), and in particular Article 6(3) thereof,

Having regard to the list of candidates drawn up on 14 July 2016 by a selection committee composed of the Secretaries-General of the European Parliament, the Council and the Commission following an open call for candidates, with a view to the appointment of the Director of the Authority for European political parties and European political foundations,

Whereas:

(1)

Article 6(1) of Regulation (EU, Euratom) No 1141/2014 establishes an Authority for European political parties and European political foundations.

(2)

Article 6(3) of Regulation (EU, Euratom) No 1141/2014 provides for the Director of the Authority for European political parties and European political foundations to be appointed for a non-renewable term of five years by common accord of the European Parliament, the Council and the Commission,

HAVE ADOPTED THIS DECISION:

Article 1

1.   Mr Michael ADAM is hereby appointed as Director of the Authority on European political parties and European political foundations for the period from 1 September 2016 to 31 August 2021.

2.   The Director shall be appointed as a temporary agent at grade AD 12, step 1.

3.   The appointment is subject to the signing, by the Director designate, of the declaration of independence and absence of conflict of interests that is annexed to this Decision.

Article 2

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Done at Brussels, 19 August 2016.

For the European Parliament

The President

M. SCHULZ

For the Council

The President

M. LAJČÁK

For the Commission

The First Vice-President

F. TIMMERMANS


(1)  OJ L 317, 4.11.2014, p. 1.


ANNEX

I, the undersigned, …, declare that I have taken note of Article 6(3) of Regulation (EU, Euratom) No 1141/2014 of the European Parliament and of the Council on the statute and funding of European political parties and European political foundations and will exercise my functions as Director of the Authority fully independently and in full compliance with the rules of that Regulation. When acting on behalf of the Authority, I will neither seek nor take instructions from any institution or government, or from any other body, office or agency. I will refrain from any act which is incompatible with the nature of my duties.

I declare, to the best of my knowledge, that I am not in a situation of conflict of interests. A conflict of interests exists where the impartial and objective exercise of the functions of Director of the Authority is compromised for reasons involving family, personal life, political, national, philosophical or religious affinity, economic interest or any other shared interest with a recipient. In particular, I declare that I am not a member of the European Parliament, I do not hold any electoral mandate and I am not, and never have been, an employee of a European political party or of a European political foundation.

Done at Brussels,

[DATE + SIGNATURE

of the Director designate]


27.8.2016   

EN

Official Journal of the European Union

L 232/13


COMMISSION IMPLEMENTING DECISION (EU) 2016/1433

of 26 August 2016

on recognition of the ‘Biomass Biofuels Sustainability 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 of the verification of compliance 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 the compliance of biofuels and bioliquids with the sustainability criteria set out in Article 17(2) to (5) of Directive 2009/28/EC.

(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. When 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 is barred from requiring the supplier to provide further evidence of compliance with the sustainability criteria.

(4)

The request to recognise that the ‘Biomass Biofuels Sustainability voluntary scheme’, based at 11, rue de Monceau, 75008 Paris, France, demonstrates that consignments of biofuel comply with the sustainability criteria set out in Directive 98/70/EC and Directive 2009/28/EC was submitted to the Commission on 25 July 2016. The scheme 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)

Assessment of the ‘Biomass Biofuels Sustainability voluntary scheme’ found it to cover adequately the sustainability criteria of Directive 98/70/EC and of Directive 2009/28/EC, as well as applying 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 evaluation of the ‘Biomass Biofuels Sustainability voluntary scheme’ found that it meets adequate standards of reliability, transparency and independent auditing and also complies with the methodological requirements in Annex IV to Directive 98/70/EC and 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 ‘Biomass Biofuels Sustainability voluntary scheme’ (hereinafter ‘the scheme’), submitted for recognition to the Commission on 25 July 2016, 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 as 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

The Decision is valid for a period of 5 years after it enters into force. If the contents of the scheme, as submitted for recognition to the Commission on 25 July 2016, 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 establish whether the scheme is still adequately covering the sustainability criteria for which it is recognised.

Article 3

The Commission may decide to 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 as provided for in 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 day following that of its publication in the Official Journal of the European Union.

Done at Brussels, 26 August 2016.

For the Commission

The President

Jean-Claude JUNCKER


(1)  OJ L 350, 28.12.1998, p. 58.

(2)  OJ L 140, 5.6.2009, p. 16.