What changed, Commission Implementing Regulation (EU) 2022/996 of 14 June 2022 on rules to verify sustai…

+ ## CHAPTER I — INTRODUCTION
− ### art_1
+ ### Article 1 — Subject matter
− Article 1
+ (a) comply with the sustainability criteria set in Article 29(2) to (7) of Directive (EU) 2018/2001;
− | (a) | comply with the sustainability criteria set in Article 29(2) to (7) of Directive (EU) 2018/2001; |
− | --- | --- |
+ (b) provide accurate data on greenhouse gas emission savings for the purposes of Article 25(2) and Article 29(10) of Directive (EU) 2018/2001;
− | (b) | provide accurate data on greenhouse gas emission savings for the purposes of Article 25(2) and Article 29(10) of Directive (EU) 2018/2001; |
− | --- | --- |
+ (c) comply with the criteria for certification of low ILUC-risk biofuels, bioliquids and biomass fuels established by Delegated Regulation (EU) 2019/807.
− | (c) | comply with the criteria for certification of low ILUC-risk biofuels, bioliquids and biomass fuels established by Delegated Regulation (EU) 2019/807. |
− | --- | --- |
+ ### Article 2 — Definitions
− ### art_2
− 
− Article 2
+ (1) ‘voluntary scheme’ means an organisation that certifies the compliance of economic operators with criteria and rules including, but not limited to, the sustainability and greenhouse gas saving criteria set out in Directive (EU) 2018/2001 and in Delegated Regulation (EU) 2019/807;
− | (1) | ‘voluntary scheme’ means an organisation that certifies the compliance of economic operators with criteria and rules including, but not limited to, the sustainability and greenhouse gas saving criteria set out in Directive (EU) 2018/2001 and in Delegated Regulation (EU) 2019/807; |
− | --- | --- |
+ (2) ‘recognised voluntary scheme’ means a voluntary scheme recognised pursuant to Article 30(4) of Directive (EU) 2018/2001;
− | (2) | ‘recognised voluntary scheme’ means a voluntary scheme recognised pursuant to Article 30(4) of Directive (EU) 2018/2001; |
− | --- | --- |
+ (3) ‘recognised national scheme’ means a national scheme recognised pursuant to with Article 30(6) of Directive (EU) 2018/2001;
− | (3) | ‘recognised national scheme’ means a national scheme recognised pursuant to with Article 30(6) of Directive (EU) 2018/2001; |
− | --- | --- |
+ (4) ‘certificate’ means a conformity statement by a certification body within the framework of a voluntary scheme, certifying that an economic operator complies with the requirements of Directive (EU) 2018/2001;
− | (4) | ‘certificate’ means a conformity statement by a certification body within the framework of a voluntary scheme, certifying that an economic operator complies with the requirements of Directive (EU) 2018/2001; |
− | --- | --- |
+ (5) ‘suspended certificate’ means a certificate temporarily invalidated due to non-conformities identified by the certification body or upon voluntary request of the economic operator;
− | (5) | ‘suspended certificate’ means a certificate temporarily invalidated due to non-conformities identified by the certification body or upon voluntary request of the economic operator; |
− | --- | --- |
+ (6) ‘withdrawn certificate’ means a certificate that has been permanently cancelled by the certification body or the voluntary scheme;
− | (6) | ‘withdrawn certificate’ means a certificate that has been permanently cancelled by the certification body or the voluntary scheme; |
− | --- | --- |
+ (7) ‘terminated certificate’ means a certification that has been voluntarily cancelled while it is still valid;
− | (7) | ‘terminated certificate’ means a certification that has been voluntarily cancelled while it is still valid; |
− | --- | --- |
+ (8) ‘expired certificate’ means a certificate that is no longer valid;
− | (8) | ‘expired certificate’ means a certificate that is no longer valid; |
− | --- | --- |
+ (9) ‘sustainability and greenhouse gas emissions saving characteristics’ means the set of information describing a consignment of raw material or fuel that is required for demonstrating compliance of that consignment with the sustainability and greenhouse gas emissions saving criteria for biofuels, …
− | (9) | ‘sustainability and greenhouse gas emissions saving characteristics’ means the set of information describing a consignment of raw material or fuel that is required for demonstrating compliance of that consignment with the sustainability and greenhouse gas emissions saving criteria for biofue…
− | --- | --- |
+ (10) ‘mix of raw material for the purpose of further processing’ means the physical mixing of raw material for the sole purpose of producing biofuels, bioliquids or biomass fuels;
− | (10) | ‘mix of raw material for the purpose of further processing’ means the physical mixing of raw material for the sole purpose of producing biofuels, bioliquids or biomass fuels; |
− | --- | --- |
+ (11) ‘economic operator’ means a producer of raw material, a collector of waste and residues, an operator of installations processing raw material into final fuels or intermediate products, an operator of installations producing energy (electricity, heating or cooling) or any other operator, includi…
− | (11) | ‘economic operator’ means a producer of raw material, a collector of waste and residues, an operator of installations processing raw material into final fuels or intermediate products, an operator of installations producing energy (electricity, heating or cooling) or any other operator, inc…
− | --- | --- |
+ (12) ‘first gathering point’ means a storage or processing facility managed directly by an economic operator or other counterpart under contractual agreement that is sourcing raw material directly from producers of agricultural biomass, forest biomass, wastes and residues or, in the case of renewabl…
− | (12) | ‘first gathering point’ means a storage or processing facility managed directly by an economic operator or other counterpart under contractual agreement that is sourcing raw material directly from producers of agricultural biomass, forest biomass, wastes and residues or, in the case of rene…
− | --- | --- |
+ (13) ‘certification audit’ means an initial audit before participation in a scheme, with the purpose of issuing a certificate under a voluntary scheme;
− | (13) | ‘certification audit’ means an initial audit before participation in a scheme, with the purpose of issuing a certificate under a voluntary scheme; |
− | --- | --- |
+ (14) ‘certification body’ means an independent accredited or recognised conformity assessment body that concludes an agreement with a voluntary scheme to provide certification services for raw materials or fuels by carrying out audits of economic operators and issuing certificates on behalf of the v…
− | (14) | ‘certification body’ means an independent accredited or recognised conformity assessment body that concludes an agreement with a voluntary scheme to provide certification services for raw materials or fuels by carrying out audits of economic operators and issuing certificates on behalf of t…
− | --- | --- |
+ (15) ‘non-conformity’ means non-compliance of an economic operator or certification body with the rules and procedures, established by the voluntary scheme, of which they are members or under which they operate;
− | (15) | ‘non-conformity’ means non-compliance of an economic operator or certification body with the rules and procedures, established by the voluntary scheme, of which they are members or under which they operate; |
− | --- | --- |
+ (16) ‘surveillance audit’ means any follow up audit of certificates issued by a certification body within the framework of a voluntary scheme after certification and before a re-certification audit, which can be carried out quarterly, half-annually or annually;
− | (16) | ‘surveillance audit’ means any follow up audit of certificates issued by a certification body within the framework of a voluntary scheme after certification and before a re-certification audit, which can be carried out quarterly, half-annually or annually; |
− | --- | --- |
+ (17) ‘re-certification audit’ means an audit with the purpose of renewing a certificate issued by a certification body within the framework of a voluntary scheme;
− | (17) | ‘re-certification audit’ means an audit with the purpose of renewing a certificate issued by a certification body within the framework of a voluntary scheme; |
− | --- | --- |
+ (18) ‘interconnected infrastructure’ means a system of infrastructures, including pipelines, LNG terminals and storage facilities, which transports gases, that primarily consist of methane and include biogas and gas from biomass, in particular biomethane, or other types of gas that can technically a…
− | (18) | ‘interconnected infrastructure’ means a system of infrastructures, including pipelines, LNG terminals and storage facilities, which transports gases, that primarily consist of methane and include biogas and gas from biomass, in particular biomethane, or other types of gas that can technical…
− | --- | --- |
+ (19) ‘hydrogen system’ means a system of infrastructure, including hydrogen networks, hydrogen storage, and hydrogen terminals, which contains hydrogen of a high grade of purity;
− | (19) | ‘hydrogen system’ means a system of infrastructure, including hydrogen networks, hydrogen storage, and hydrogen terminals, which contains hydrogen of a high grade of purity; |
− | --- | --- |
+ (20) ‘legal predecessors’ means an economic operator that has been legally replaced by a new one, but no substantive changes or only superficial ones have been made regarding its ownership, management composition, working methods or scope of activity;
− | (20) | ‘legal predecessors’ means an economic operator that has been legally replaced by a new one, but no substantive changes or only superficial ones have been made regarding its ownership, management composition, working methods or scope of activity; |
− | --- | --- |
+ (21) ‘product group’ means raw materials, biofuels, bioliquids, non-gaseous biomass fuels with similar physical and chemical characteristics and similar heating values or gaseous biomass fuels, and LNG with similar chemical characteristics that all are subject to the same rules set out in Articles 7…
− | (21) | ‘product group’ means raw materials, biofuels, bioliquids, non-gaseous biomass fuels with similar physical and chemical characteristics and similar heating values or gaseous biomass fuels, and LNG with similar chemical characteristics that all are subject to the same rules set out in Articl…
− | --- | --- |
+ (22) ‘site’ means a geographical location, logistical facilities, transmission or distribution infrastructures with precise boundaries within which products can be mixed;
− | (22) | ‘site’ means a geographical location, logistical facilities, transmission or distribution infrastructures with precise boundaries within which products can be mixed; |
− | --- | --- |
+ (23) ‘proof of sustainability’ means a declaration by an economic operator, made on the basis of a certificate issued by a certification body within the framework of a voluntary scheme certifying the compliance of a specific quantity of feedstock or fuels with the sustainability and greenhouse gas e…
− | (23) | ‘proof of sustainability’ means a declaration by an economic operator, made on the basis of a certificate issued by a certification body within the framework of a voluntary scheme certifying the compliance of a specific quantity of feedstock or fuels with the sustainability and greenhouse g…
− | --- | --- |
+ (24) ‘raw material’ means substances that have not yet been processed into fuels including intermediate products;
− | (24) | ‘raw material’ means substances that have not yet been processed into fuels including intermediate products; |
− | --- | --- |
+ (25) ‘fuels’ means fuels that are ready to be supplied for consumption, including biofuels, bioliquids, biomass fuels, renewable liquid and gaseous transport fuels of non-biological origin and recycled carbon fuels;
− | (25) | ‘fuels’ means fuels that are ready to be supplied for consumption, including biofuels, bioliquids, biomass fuels, renewable liquid and gaseous transport fuels of non-biological origin and recycled carbon fuels; |
− | --- | --- |
+ (26) ‘financial attractiveness test’ means the calculation of the Net Present Value (NVP) of an investment, based on additionality measures in the context of low ILUC-risk biomass certification;
− | (26) | ‘financial attractiveness test’ means the calculation of the Net Present Value (NVP) of an investment, based on additionality measures in the context of low ILUC-risk biomass certification; |
− | --- | --- |
+ (27) ‘non-financial barrier test’ means an assessment of the potential other barriers that are expected to prevent an economic operator from implementing additionality measures in the context of low ILUC-risk biomass certification;
− | (27) | ‘non-financial barrier test’ means an assessment of the potential other barriers that are expected to prevent an economic operator from implementing additionality measures in the context of low ILUC-risk biomass certification; |
− | --- | --- |
+ (28) ‘Union database’ means the database provided for in Article 28, point 2 of Directive (EU) 2018/2001;
− | (28) | ‘Union database’ means the database provided for in Article 28, point 2 of Directive (EU) 2018/2001; |
− | --- | --- |
+ (29) ‘grassland’ has the meaning attributed to it in Article 1, point (1) of Commission Regulation (EU) No 1307/2014 (1).
− | (29) | ‘grassland’ has the meaning attributed to it in Article 1, point (1) of Commission Regulation (EU) No 1307/2014 (3). |
− | --- | --- |
+ ## CHAPTER II — GENERAL RULES ON GOVERNANCE, INTERNAL MONITORING, COMPLAINTS PROCEDURES AND TRANSPARENCY OF VOLUNTARY SCHEMES
− ### art_3
+ ### Article 3 — Governance structure of the voluntary scheme
− Article 3
+ **1.** Voluntary schemes shall establish a governance structure to ensure that the scheme has the necessary legal and technical capacity, impartiality and independence to perform its duties. Depending on the scope of the voluntary scheme, it shall set up a technical committee or an equivalent system…
− 1. Voluntary schemes shall establish a governance structure to ensure that the scheme has the necessary legal and technical capacity, impartiality and independence to perform its duties. Depending on the scope of the voluntary scheme, it shall set up a technical committee or an equivalent system of …
+ **2.** Voluntary schemes shall include to the extent possible in the governance structure and decision-making a broad range of representatives from various relevant stakeholder groups such as farmers’ or foresters’ associations, environmental non-governmental organisations, indigenous and local comm…
− 2. Voluntary schemes shall include to the extent possible in the governance structure and decision-making a broad range of representatives from various relevant stakeholder groups such as farmers’ or foresters’ associations, environmental non-governmental organisations, indigenous and local communit…
+ **3.** Voluntary schemes shall set up rules and procedures to avoid conflicts of interest in decision-making. As a minimum standard, they shall enforce a system of checks and balances to ensure that no individual stakeholder, having a vested interest in the outcome of a decision, can have decisive i…
− 3. Voluntary schemes shall set up rules and procedures to avoid conflicts of interest in decision-making. As a minimum standard, they shall enforce a system of checks and balances to ensure that no individual stakeholder, having a vested interest in the outcome of a decision, can have decisive influ…
+ **4.** Certification bodies shall set up integrity rules and procedures to ensure their full independence from the economic operators participating in the scheme. Voluntary schemes shall require that the certification bodies operating on behalf of the scheme are accredited to International Organisat…
− 4. Certification bodies shall set up integrity rules and procedures to ensure their full independence from the economic operators participating in the scheme. Voluntary schemes shall require that the certification bodies operating on behalf of the scheme are accredited to International Organisation …
+ **5.** The governance system of the certification body shall aim at ensuring the highest possible level of independence of the auditors’ judgement by applying principles of auditors’ rotation or other existing best practices in the area.
− 5. The governance system of the certification body shall aim at ensuring the highest possible level of independence of the auditors’ judgement by applying principles of auditors’ rotation or other existing best practices in the area.
+ **6.** Persons having a potential conflict of interest shall be excluded from decision-making in both the voluntary scheme and the certification body. Voluntary schemes shall put in place appropriate procedures and an audit trail to identify and document such cases, and shall regularly review them a…
− 6. Persons having a potential conflict of interest shall be excluded from decision-making in both the voluntary scheme and the certification body. Voluntary schemes shall put in place appropriate procedures and an audit trail to identify and document such cases, and shall regularly review them as pa…
+ ### Article 4 — Non-conformities of economic operators under the scheme
− ### art_4
+ **1.** Voluntary schemes shall set up a comprehensive system to deal with non-conformities by economic operators. As a minimum standard, that system shall include a clear classification of non-conformities, based on their degree of severity in accordance with the requirements of Article 10. For each…
− Article 4
+ **2.** Economic operators whose certificates are suspended, shall not be able to make sustainability claims until the suspension has been lifted. Suspended operators may not join another voluntary scheme during that period. Where the participation of an economic operator, or its legal predecessors, …
− 1. Voluntary schemes shall set up a comprehensive system to deal with non-conformities by economic operators. As a minimum standard, that system shall include a clear classification of non-conformities, based on their degree of severity in accordance with the requirements of Article 10. For each typ…
+ **3.** Where an economic operator that was previously found to be in critical or major non-conformity applies for re-certification, the auditor shall bring that fact to the attention of all voluntary schemes in which the economic operator is currently participating, or to which it has applied for re…
− 2. Economic operators whose certificates are suspended, shall not be able to make sustainability claims until the suspension has been lifted. Suspended operators may not join another voluntary scheme during that period. Where the participation of an economic operator, or its legal predecessors, in a…
+ ### Article 5 — Internal monitoring, complaints procedure and documentation management system
− 3. Where an economic operator that was previously found to be in critical or major non-conformity applies for re-certification, the auditor shall bring that fact to the attention of all voluntary schemes in which the economic operator is currently participating, or to which it has applied for recert…
+ **1.** Voluntary schemes shall set up a system of internal monitoring to verify compliance of economic operators with the rules and procedures applied by the scheme and to ensure the quality of the work carried out by the auditors of the certification bodies. Internal monitoring shall be undertaken …
− ### art_5
+ **2.** Voluntary schemes shall establish rules and procedures to ensure effective follow up of the results of the internal monitoring and, where necessary, the application of sanctions. On the basis of the results of the internal monitoring, corrective measures shall be taken at the level of the gov…
− Article 5
+ **3.** Voluntary schemes shall establish procedures for the lodging of complaints against economic operators or certification bodies. The complaints procedure shall be accessible on the voluntary scheme’s website and allow complaints to be sent electronically or by post. The complaints procedure sha…
− 1. Voluntary schemes shall set up a system of internal monitoring to verify compliance of economic operators with the rules and procedures applied by the scheme and to ensure the quality of the work carried out by the auditors of the certification bodies. Internal monitoring shall be undertaken at l…
+ **4.** Voluntary schemes shall keep a register of all complaints, and provide a summary of those complaints to the Commission in the annual activity report. Upon request by the Commission or a Member State, they shall provide all documents related to a complaint and its handling.
− 2. Voluntary schemes shall establish rules and procedures to ensure effective follow up of the results of the internal monitoring and, where necessary, the application of sanctions. On the basis of the results of the internal monitoring, corrective measures shall be taken at the level of the governa…
+ **5.** Voluntary schemes and certification bodies shall establish a documentation management system that addresses each of the following elements:(a) general management system documentation (e.g. manuals, policies, definition of responsibilities);(b) control of documents and records;(c) management r…
− 3. Voluntary schemes shall establish procedures for the lodging of complaints against economic operators or certification bodies. The complaints procedure shall be accessible on the voluntary scheme’s website and allow complaints to be sent electronically or by post. The complaints procedure shall a…
− 
− | (a) | the information and the evidence to be provided to file a complaint, as well as the postal address or email address to which it is to be sent; |
− | --- | --- |
− 
− | (b) | guidance on which complaints are within the scope of the procedure; |
− | --- | --- |
− 
− | (c) | a step-by-step overview of how complaints are handled, from the receipt of the initial complaint through to resolution, and the associated timeframe for each step; |
− | --- | --- |
− 
− | (d) | the decision-making process for complaints and the process for appealing decisions; |
− | --- | --- |
− 
− | (e) | the consequences of the voluntary scheme finding a non-conformity as result of a complaint. |
− | --- | --- |
− 
− 4. Voluntary schemes shall keep a register of all complaints, and provide a summary of those complaints to the Commission in the annual activity report. Upon request by the Commission or a Member State, they shall provide all documents related to a complaint and its handling.
− 
− 5. Voluntary schemes and certification bodies shall establish a documentation management system that addresses each of the following elements:
− 
− | (a) | general management system documentation (e.g. manuals, policies, definition of responsibilities); |
− | --- | --- |
− 
− | (b) | control of documents and records; |
− | --- | --- |
− 
− | (c) | management review of management system; |
− | --- | --- |
− 
− | (d) | internal auditing/internal monitoring; |
− | --- | --- |
− | (e) | procedures for identification and management of non-conformities; and |
− | --- | --- |
− 
− | (f) | procedures for taking preventive actions to eliminate the causes of potential non-conformities. |
− | --- | --- |
− 
− 
− ### art_6
+ ### Article 6 — Publication of information by voluntary schemes
− Article 6
+ (a) their governance structure, describing the roles of all relevant bodies, details on the ownership structure, composition and experience of the Board of Directors, Secretariat and Technical committee, or equivalent, as well as the list of members with voting rights or participants in the scheme, …
− | (a) | their governance structure, describing the roles of all relevant bodies, details on the ownership structure, composition and experience of the Board of Directors, Secretariat and Technical committee, or equivalent, as well as the list of members with voting rights or participants in the sche…
− | --- | --- |
+ (b) the list of economic operators participating in the scheme, their certification status, with their respective date of certificate issuance, suspension, withdrawal, termination or expiry, as well as the certificates or the summary audit reports drawn up in accordance with Annex II. Where audits i…
− | (b) | the list of economic operators participating in the scheme, their certification status, with their respective date of certificate issuance, suspension, withdrawal, termination or expiry, as well as the certificates or the summary audit reports drawn up in accordance with Annex II. Where audi…
− | --- | --- |
+ (c) the latest version of their scheme documentation and the guidelines for audits. The documents shall include a date and version number and, where applicable, summarise any changes made compared to the previous document version;
− | (c) | the latest version of their scheme documentation and the guidelines for audits. The documents shall include a date and version number and, where applicable, summarise any changes made compared to the previous document version; |
− | --- | --- |
+ (d) the contact details of the scheme, including telephone number, email address and correspondence address;
− | (d) | the contact details of the scheme, including telephone number, email address and correspondence address; |
− | --- | --- |
+ (e) the list of certification bodies carrying out independent auditing under the scheme, indicating for each certification body which national public authority or entity accredited or recognised it and which entity or national public authority of the Member State supervises it, in accordance with Ar…
− | (e) | the list of certification bodies carrying out independent auditing under the scheme, indicating for each certification body which national public authority or entity accredited or recognised it and which entity or national public authority of the Member State supervises it, in accordance wit…
− | --- | --- |
+ (f) the results of the annual monitoring activities of the voluntary scheme as summarised in the annual activity report.
− | (f) | the results of the annual monitoring activities of the voluntary scheme as summarised in the annual activity report. |
− | --- | --- |
+ ### Article 7 — Change of scheme by economic operators
− ### art_7
+ **1.** Voluntary schemes shall require economic operators to disclose the following information in their applications for certification:(a) whether they or their legal predecessor are currently participating in another voluntary scheme or have participated in another voluntary scheme in the last 5 y…
− Article 7
+ **2.** Voluntary schemes shall exclude from the scheme economic operators in the following cases:(a) they do not disclose the information in paragraph 1, point (a) and point (b);(b) they or their legal predecessor failed the initial audit under another scheme, unless such initial audit took place mo…
− 1. Voluntary schemes shall require economic operators to disclose the following information in their applications for certification:
+ ### Article 8 — Recognition of other voluntary schemes
− | (a) | whether they or their legal predecessor are currently participating in another voluntary scheme or have participated in another voluntary scheme in the last 5 years; |
− | --- | --- |
− 
− | (b) | all relevant information, including the mass balance data and the auditing reports and, where applicable, any decisions to suspend or withdraw their certificates in the last 5 years; |
− | --- | --- |
− 
− | (c) | whether they withdrew from a scheme before the first surveillance audit. |
− | --- | --- |
− 
− 2. Voluntary schemes shall exclude from the scheme economic operators in the following cases:
− 
− | (a) | they do not disclose the information in paragraph 1, point (a) and point (b); |
− | --- | --- |
− 
− | (b) | they or their legal predecessor failed the initial audit under another scheme, unless such initial audit took place more than 3 years before the application or if in the meantime the other scheme ceased its certification activities, which prevented the economic operator for reapplying. Where…
− | --- | --- |
− 
− | (c) | they or their legal predecessor withdrew from another scheme before the first surveillance audit took place, unless the operator can prove that it had a valid reason for doing so. Where a voluntary scheme accepts the justification provided by the economic operator, the scope of the initial a…
− | --- | --- |
− 
− ### art_8
− Article 8
− 
+ ### Article 9 — Recognition of national schemes
− ### art_9
− Article 9
− 
+ ## CHAPTER III — AUDIT PROCESS, AUDIT SCOPE, QUALIFICATIONS OF AUDITORS AND AUDIT SUPERVISION
− ### art_10
+ ### Article 10 — Audit process and levels of assurance
− Article 10
+ **1.** Voluntary schemes shall require that economic operators successfully pass an initial audit before allowing them to participate in the scheme. The initial audit of a new scheme participant or a re-certification of existing scheme participant under a revised regulatory framework shall always be…
− 1. Voluntary schemes shall require that economic operators successfully pass an initial audit before allowing them to participate in the scheme. The initial audit of a new scheme participant or a re-certification of existing scheme participant under a revised regulatory framework shall always be on-…
+ **2.** Voluntary schemes may authorise a certification body to perform the verification of compliance with different certification frameworks during the same auditing process, as long as the certification body certifies that economic operators satisfy the requirements in line with Article 1. Volunta…
− 2. Voluntary schemes may authorise a certification body to perform the verification of compliance with different certification frameworks during the same auditing process, as long as the certification body certifies that economic operators satisfy the requirements in line with Article 1. Voluntary s…
+ **3.** Non-conformities identified during an audit shall be classified as critical, major and minor in accordance with the second, third and fourth subparagraphs.
− Voluntary schemes shall establish detailed procedures setting out how audits are planned and conducted and how audit reports are drawn up. Voluntary schemes shall ensure that certification bodies conduct audits in accordance with ISO 19011 or the equivalent. Voluntary schemes shall also ensure an ef…
− 
− | (a) | identification of the activities undertaken by the economic operator which are relevant to the scheme’s criteria; |
− | --- | --- |
− 
− | (b) | identification of the relevant systems of the economic operator and its overall organisation with respect to the scheme’s criteria and checks of the effective implementation of relevant control systems; |
− | --- | --- |
− | (c) | analysis of the risks which could lead to a material misstatement, based on the auditor’s professional knowledge and the information submitted by the economic operator. That analysis shall take into consideration the overall risk profile of the activities, depending on the level of risk of t…
− | --- | --- |
− 
− | (d) | a verification plan which corresponds to the risk analysis and the scope and complexity of the economic operator’s activities, and which defines the sampling methods to be used with respect to that operator’s activities; |
− | --- | --- |
− 
− | (e) | implementation of the verification plan by gathering evidence in accordance with the defined sampling methods, plus all relevant additional evidence, upon which the verifier’s conclusion will be based; |
− | --- | --- |
− 
− | (f) | a request to the operator for the provision of any missing elements of audit trails, an explanation of variations, or the revision of claims or calculations, before reaching a final verification conclusion; |
− | --- | --- |
− 
− | (g) | verification of the accuracy of data recorded by the economic operators or their representatives in the Union database. |
− | --- | --- |
− 
− 3. Non-conformities identified during an audit shall be classified as critical, major and minor in accordance with the second, third and fourth subparagraphs.
− 
+ (a) non-compliance with a mandatory requirement of Directive (EU) 2018/2001, such as land conversion which contravenes Article 29(3), (4) and (5) of that Directive;
− | (a) | non-compliance with a mandatory requirement of Directive (EU) 2018/2001, such as land conversion which contravenes Article 29(3), (4) and (5) of that Directive; |
− | --- | --- |
+ (b) fraudulent issuance of a proof of sustainability or self-declarations, for example, intentional duplication of a proof of sustainability to seek financial benefit;
− | (b) | fraudulent issuance of a proof of sustainability or self-declarations, for example, intentional duplication of a proof of sustainability to seek financial benefit; |
− | --- | --- |
+ (c) deliberate misstatement of raw material description, falsification of GHG values or input data as well as the deliberate production of wastes or residues, for example, the deliberate modification of a production process to produce additional residue material, or the deliberate contamination of a…
− | (c) | deliberate misstatement of raw material description, falsification of GHG values or input data as well as the deliberate production of wastes or residues, for example, the deliberate modification of a production process to produce additional residue material, or the deliberate contamination …
− | --- | --- |
+ (a) systematic problems with mass balance or GHG data reported for example, incorrect documentation is identified in more than 10 % of the claims included in the representative sample;
− | (a) | systematic problems with mass balance or GHG data reported for example, incorrect documentation is identified in more than 10 % of the claims included in the representative sample; |
− | --- | --- |
+ (b) the omission of an economic operator to declare its participation in other voluntary schemes during the certification process;
− | (b) | the omission of an economic operator to declare its participation in other voluntary schemes during the certification process; |
− | --- | --- |
+ (c) failure to provide relevant information to auditors for example, mass balance data and audit reports.
− | (c) | failure to provide relevant information to auditors for example, mass balance data and audit reports. |
− | --- | --- |
+ **4.** The consequences of non-conformities for economic operators shall be the following:(a) in the case of critical non-conformities, economic operators applying for certification shall not be issued a certificate. Economic operators may re-apply for certification after the lapse of a fixed period…
− 4. The consequences of non-conformities for economic operators shall be the following:
+ **5.** Voluntary schemes shall only certify economic operators where they comply with all the following requirements:(a) have a documentation management system;(b) have an auditable system for safekeeping and reviewing all evidence related to the claims they make or rely on;(c) keep all evidence nec…
− | (a) | in the case of critical non-conformities, economic operators applying for certification shall not be issued a certificate. Economic operators may re-apply for certification after the lapse of a fixed period of time, determined by the voluntary scheme. Critical non-conformities identified dur…
− | --- | --- |
+ **6.** The audit reports and summary audit reports or certificates drawn up or issued by a certification body within the framework of a voluntary scheme shall at least include the elements set out in Annex II.
− | (b) | in the case of major non-conformities, economic operators applying for certification shall not be issued a certificate. Major non-conformities identified during surveillance or re-certification audits, or through a voluntary scheme’s internal monitoring or complaints process, shall lead to t…
− | --- | --- |
+ ### Article 11 — Auditor competence
− | (c) | in the case of minor non-conformities, voluntary schemes may define the time period for their resolution, not exceeding 12 months from their notification and the date of next surveillance or re-certification audit. |
− | --- | --- |
+ **1.** A certification body performing audits on behalf of a voluntary scheme shall be accredited to ISO 17065, and to ISO 14065 where it performs audits on actual GHG values.
− 5. Voluntary schemes shall only certify economic operators where they comply with all the following requirements:
− | (a) | have a documentation management system; |
− | --- | --- |
− 
− | (b) | have an auditable system for safekeeping and reviewing all evidence related to the claims they make or rely on; |
− | --- | --- |
− 
− | (c) | keep all evidence necessary to comply with this Regulation and Directive (EU) 2018/2001 for a minimum of 5 years, or longer where it is required by the relevant national authority; |
− | --- | --- |
− 
− | (d) | accept responsibility for preparing any information related to the auditing of such evidence. |
− | --- | --- |
− 
− 6. The audit reports and summary audit reports or certificates drawn up or issued by a certification body within the framework of a voluntary scheme shall at least include the elements set out in Annex II.
− 
− ### art_11
− 
− Article 11
− 
− 1. A certification body performing audits on behalf of a voluntary scheme shall be accredited to ISO 17065, and to ISO 14065 where it performs audits on actual GHG values.
− 
+ **2.** The audit team shall have the competence, experience and the generic and specific skills necessary for conducting the audit taking into account the scope of the audit. Where there is only one auditor, the auditor shall also have the competence to perform the duties of an audit team leader app…
− 2. The audit team shall have the competence, experience and the generic and specific skills necessary for conducting the audit taking into account the scope of the audit. Where there is only one auditor, the auditor shall also have the competence to perform the duties of an audit team leader applica…
+ **3.** Auditors shall:(a) be independent of the activity being audited, except for audits concerning Article 29(6), point (a), and Article 29(7), point (a) of Directive (EU) 2018/2001, for which first or second party auditing may be carried out up to the first gathering point;(b) be free from confli…
− 3. Auditors shall:
+ **4.** Voluntary schemes shall set up training courses for auditors, covering all aspects relevant to the scope of the scheme. The courses shall include an examination to demonstrate the participants’ compliance with the training requirements in the technical area or areas in which they are active. …
− | (a) | be independent of the activity being audited, except for audits concerning Article 29(6), point (a), and Article 29(7), point (a) of Directive (EU) 2018/2001, for which first or second party auditing may be carried out up to the first gathering point; |
− | --- | --- |
+ **5.** Auditors shall undertake refresher training courses on a regular basis. Voluntary schemes shall implement a system to monitor the training status of active scheme auditors. Voluntary schemes shall also provide guidance to certification bodies, as required, on aspects that are relevant to the …
− | (b) | be free from conflict of interest; |
− | --- | --- |
+ ### Article 12 — Group auditing
− | (c) | have the specific skills necessary for conducting the audit related to the scheme’s criteria, including:(i)for land-use criteria laid down in Article 29, points (2) to (9) of Directive (EU) 2018/2001 as well as the low ILUC risk certification methodology set in Chapter V and Annex VIII of th…
− | --- | --- |
− | (i) | for land-use criteria laid down in Article 29, points (2) to (9) of Directive (EU) 2018/2001 as well as the low ILUC risk certification methodology set in Chapter V and Annex VIII of this implementing regulation: experience in agriculture, agronomy, ecology, natural science, forestry, silvic…
− | (ii) | for GHG emissions saving criteria laid down in Article 29(10) of Directive (EU) 2018/2001 or when determining the GHG emissions of recycled carbon fuels and renewable fuels of non-biological origin in accordance with the methodology set out in Article 28(5) of Directive (EU) 2018/2001: a mi…
− | (iii) | for the chain of custody criteria laid down in Article 30, points (1) to (2) of Directive (EU) 2018/2001: experience in mass balance systems, supply chain logistics, bookkeeping, traceability, and data handling or a related field; |
− | (iv) | for group auditing: experience in conducting group audits. |
+ **1.** Voluntary schemes may perform group auditing only in the following cases:(a) for producers of raw material, in particular smallholders, producer organisations and cooperatives as well as waste collectors;(b) for compliance with the scheme’s land-related criteria, where the areas concerned are…
− 4. Voluntary schemes shall set up training courses for auditors, covering all aspects relevant to the scope of the scheme. The courses shall include an examination to demonstrate the participants’ compliance with the training requirements in the technical area or areas in which they are active. Audi…
+ **2.** Group auditing may carry out verification for all units concerned on the basis of sample of units. Voluntary schemes shall set out guidelines on the implementation of a group auditing approach, including at least the following elements:(a) role of the group manager, covering specifications fo…
− 5. Auditors shall undertake refresher training courses on a regular basis. Voluntary schemes shall implement a system to monitor the training status of active scheme auditors. Voluntary schemes shall also provide guidance to certification bodies, as required, on aspects that are relevant to the cert…
+ **3.** A sample consisting of a number of group members equivalent to the square root of the total number of group members shall be audited individually at least once a year. That number shall be increased in the event of a higher level of risk. Voluntary schemes shall establish criteria for determi…
− ### art_12
+ **4.** Group auditing shall be performed on-site, unless it is considered that desk audits are able to provide the same level of assurance as an on-site audit. Voluntary schemes shall set out the evidence required to allow for desk audits. Self-declarations from economic operators shall not be consi…
− Article 12
+ **5.** Critical or major non-compliance of individual group members identified during an audit shall be addressed according to process set out under paragraph 4 (a) and (b) of Article 10, as applicable. If a critical or major non-compliance is identified in the whole initial group sample, then an ad…
− 1. Voluntary schemes may perform group auditing only in the following cases:
+ ### Article 13 — Auditing of waste and residues
− | (a) | for producers of raw material, in particular smallholders, producer organisations and cooperatives as well as waste collectors; |
− | --- | --- |
+ **1.** Voluntary schemes and the certification bodies working on their behalf shall apply the requirements for the verification of the supply chain of biofuels and bioliquids made from waste and residues set out in paragraphs 2 to 7, and for biomass fuels the requirements set out in paragraphs 2 to …
− | (b) | for compliance with the scheme’s land-related criteria, where the areas concerned are in proximity and have similar characteristics, such as climatic or soil conditions; |
− | --- | --- |
+ **2.** The whole supply chain shall be covered starting from its origin, that is to say, the economic operator where the waste or residue material arises;
− | (c) | for the purpose of calculating GHG savings, where the units have similar production systems and types of crops. |
− | --- | --- |
+ **3.** All economic operators shall be audited individually. However, group auditing approaches may be carried out at the origin of the supply chain, for example, restaurants and waste or residue producers;
− Economic operators included in a group audit shall designate a group manager. First gathering points, producer organisations or cooperatives, may also act as group managers, representing the economic operators included in the group audit.
+ **4.** The frequency and intensity of the auditing procedure shall reflect the overall level of risk. Voluntary schemes shall define clear rules, commensurate to the level of specific risk associated with the type of residues or waste. For biofuels and bioliquids, points of origin supplying five or …
− 2. Group auditing may carry out verification for all units concerned on the basis of sample of units. Voluntary schemes shall set out guidelines on the implementation of a group auditing approach, including at least the following elements:
+ **5.** Collection points shall be required to submit a list of all points of origin that have signed a self-declaration to the auditor prior to the audit of the collection point. The amount of waste generated monthly or annually shall be clearly stated on the self-declaration. Evidence or documents …
− | (a) | role of the group manager, covering specifications for the internal management system and internal group inspection procedures; |
− | --- | --- |
+ **6.** The auditor shall verify the existence of a number of points of origin equivalent to at least the square root of all the points of origin on the list. The verification may be performed remotely, unless there is doubt concerning the existence of the point of origin or where it meets the criter…
− | (b) | determination of sample size. |
− | --- | --- |
+ **7.** The certification body shall carry out a mandatory surveillance audit within 6 months after the first certification. For collection points and traders that deal with both waste and residues and with virgin materials such as vegetable oils, an additional surveillance audit shall be conducted 3…
− 3. A sample consisting of a number of group members equivalent to the square root of the total number of group members shall be audited individually at least once a year. That number shall be increased in the event of a higher level of risk. Voluntary schemes shall establish criteria for determining…
+ **8.** If there are reasonable doubts about the nature of the declared waste and residues, the auditor is authorised to take samples and to have them analysed by an independent laboratory.
− 4. Group auditing shall be performed on-site, unless it is considered that desk audits are able to provide the same level of assurance as an on-site audit. Voluntary schemes shall set out the evidence required to allow for desk audits. Self-declarations from economic operators shall not be considere…
+ ### Article 14 — Auditing of actual GHG emission calculations
− 5. Critical or major non-compliance of individual group members identified during an audit shall be addressed according to process set out under paragraph 4 (a) and (b) of Article 10, as applicable. If a critical or major non-compliance is identified in the whole initial group sample, then an additi…
+ **1.** Voluntary schemes shall require economic operators to provide auditors with all the relevant and up to date information concerning the calculation of actual GHG emissions, in advance of the planned audit. That information shall include input data and any other relevant evidence, information o…
− ### art_13
+ **2.** The auditor shall record the emissions occurring at the audited site in the audit report. For the processing of final biofuels, the auditor shall record the emissions after allocation and the achieved savings. Where the emissions deviate significantly from typical values or calculated actual …
− Article 13
+ **3.** Auditors shall verify that the estimate of emissions saving from capture and replacement of CO2 is limited to emissions avoided through the capture of CO2 of which the carbon originates from biomass and which is used to replace fossil-derived CO2. That verification requires access to the foll…
− 1. Voluntary schemes and the certification bodies working on their behalf shall apply the requirements for the verification of the supply chain of biofuels and bioliquids made from waste and residues set out in paragraphs 2 to 7, and for biomass fuels the requirements set out in paragraphs 2 to 5.
+ **4.** Economic operators may only make actual GHG values claims after their capability to conduct actual value calculations has been verified by an audit.
− 2. The whole supply chain shall be covered starting from its origin, that is to say, the economic operator where the waste or residue material arises;
− 
− 3. All economic operators shall be audited individually. However, group auditing approaches may be carried out at the origin of the supply chain, for example, restaurants and waste or residue producers;
+ **5.** Upon request, voluntary schemes shall provide access to actual GHG calculations certified under their voluntary scheme together with the respective audit reports to the Commission and the national authorities responsible for supervision of the certification bodies.
− 4. The frequency and intensity of the auditing procedure shall reflect the overall level of risk. Voluntary schemes shall define clear rules, commensurate to the level of specific risk associated with the type of residues or waste. For biofuels and bioliquids, points of origin supplying five or more…
− 
− 5. Collection points shall be required to submit a list of all points of origin that have signed a self-declaration to the auditor prior to the audit of the collection point. The amount of waste generated monthly or annually shall be clearly stated on the self-declaration. Evidence or documents for …
− 
− 6. The auditor shall verify the existence of a number of points of origin equivalent to at least the square root of all the points of origin on the list. The verification may be performed remotely, unless there is doubt concerning the existence of the point of origin or where it meets the criteria f…
− 
− 7. The certification body shall carry out a mandatory surveillance audit within 6 months after the first certification. For collection points and traders that deal with both waste and residues and with virgin materials such as vegetable oils, an additional surveillance audit shall be conducted 3 mon…
+ ### Article 15 — Audits of mass balance systems
− 8. If there are reasonable doubts about the nature of the declared waste and residues, the auditor is authorised to take samples and to have them analysed by an independent laboratory.
− 
− ### art_14
− 
− Article 14
− 
− 1. Voluntary schemes shall require economic operators to provide auditors with all the relevant and up to date information concerning the calculation of actual GHG emissions, in advance of the planned audit. That information shall include input data and any other relevant evidence, information on th…
− 
− 2. The auditor shall record the emissions occurring at the audited site in the audit report. For the processing of final biofuels, the auditor shall record the emissions after allocation and the achieved savings. Where the emissions deviate significantly from typical values or calculated actual valu…
− 
− 3. Auditors shall verify that the estimate of emissions saving from capture and replacement of CO2 is limited to emissions avoided through the capture of CO2 of which the carbon originates from biomass and which is used to replace fossil-derived CO2. That verification requires access to the followin…
− 
− | (a) | the purpose for which the captured CO2 is used; |
− | --- | --- |
− 
− | (b) | the origin of the CO2 that is replaced; |
− | --- | --- |
− 
− | (c) | the origin of the CO2 that is captured; |
− | --- | --- |
− 
− | (d) | information on emissions due to capturing and processing of CO2. |
− | --- | --- |
− For the purposes of point (b), economic operators using captured CO2 may state how the CO2 that is replaced was previously generated and declare, in writing, that emissions equivalent to that quantity are avoided as a consequence of the replacement. That evidence shall be considered sufficient to ve…
− 
− 4. Economic operators may only make actual GHG values claims after their capability to conduct actual value calculations has been verified by an audit.
− 
− 5. Upon request, voluntary schemes shall provide access to actual GHG calculations certified under their voluntary scheme together with the respective audit reports to the Commission and the national authorities responsible for supervision of the certification bodies.
− 
− ### art_15
− 
− Article 15
− 
+ (a) list of all sites, that are under the scope of certification. Each site shall have its own mass balance records;
− | (a) | list of all sites, that are under the scope of certification. Each site shall have its own mass balance records; |
− | --- | --- |
+ (b) list of all inputs per site and the description of material handled and details of all suppliers;
− | (b) | list of all inputs per site and the description of material handled and details of all suppliers; |
− | --- | --- |
+ (c) list of all outputs per site and the description of material handled and details of all customers;
− | (c) | list of all outputs per site and the description of material handled and details of all customers; |
− | --- | --- |
+ (d) conversion factors applied, in particular in the case of installations processing waste or residues to ensure that the process is not modified to produce more waste or residue material;
− | (d) | conversion factors applied, in particular in the case of installations processing waste or residues to ensure that the process is not modified to produce more waste or residue material; |
− | --- | --- |
+ (e) any discrepancies between book keeping system and inputs, outputs and balances;
− | (e) | any discrepancies between book keeping system and inputs, outputs and balances; |
− | --- | --- |
+ (f) allocation of sustainability characteristics;
− | (f) | allocation of sustainability characteristics; |
− | --- | --- |
+ (g) equivalence of the sustainability data and the physical stock at the end of the mass balance period.
− | (g) | equivalence of the sustainability data and the physical stock at the end of the mass balance period. |
− | --- | --- |
+ ### Article 16 — Auditing of natural and non-natural highly-biodiverse grassland
− ### art_16
+ **1.** Auditors verifying whether land is highly biodiverse grassland as referred to in Article 29(3), point (d), of Directive (EU) 2018/2001 shall verify whether the land is or has been highly biodiverse grassland at any moment since January 2008. In their system documents, voluntary schemes shall …
− Article 16
− 
− 1. Auditors verifying whether land is highly biodiverse grassland as referred to in Article 29(3), point (d), of Directive (EU) 2018/2001 shall verify whether the land is or has been highly biodiverse grassland at any moment since January 2008. In their system documents, voluntary schemes shall info…
+ **2.** Where land remains grassland, or would have remained grassland in the absence of human intervention, and is located in any of the geographic ranges listed in Regulation (EU) No 1307/2014, it shall be considered as natural, highly biodiverse grassland.
− 2. Where land remains grassland, or would have remained grassland in the absence of human intervention, and is located in any of the geographic ranges listed in Regulation (EU) No 1307/2014, it shall be considered as natural, highly biodiverse grassland.
+ **3.** For land that is located outside the areas referred to in paragraph 2, the auditor shall assess whether the grassland maintains, or would have maintained in the absence of human intervention, the natural species composition and ecological characteristics and processes. Where that is the case,…
− 3. For land that is located outside the areas referred to in paragraph 2, the auditor shall assess whether the grassland maintains, or would have maintained in the absence of human intervention, the natural species composition and ecological characteristics and processes. Where that is the case, the…
+ **4.** Where the land ceased, or would have ceased in the absence of human intervention, to be grassland, is species-rich and not degraded and has been identified as being highly biodiverse by the relevant competent authority, then the land shall be considered as non-natural, highly biodiverse grass…
− 4. Where the land ceased, or would have ceased in the absence of human intervention, to be grassland, is species-rich and not degraded and has been identified as being highly biodiverse by the relevant competent authority, then the land shall be considered as non-natural, highly biodiverse grassland…
+ **5.** Any land that is, or was, non-natural, highly biodiverse grassland in or after January 2008 may be used for fuels production on condition that harvesting of the raw material is necessary to preserve the status of the grassland as highly biodiverse grassland and that current management practic…
− 5. Any land that is, or was, non-natural, highly biodiverse grassland in or after January 2008 may be used for fuels production on condition that harvesting of the raw material is necessary to preserve the status of the grassland as highly biodiverse grassland and that current management practices d…
+ ### Article 17 — Supervision by the Member States and the Commission
− ### art_17
+ **1.** Voluntary schemes shall require economic operators participating in the scheme as well as certification bodies conducting audits under the scheme to cooperate with the Commission and the competent authorities of the Member States, including granting access to the premises of economic operator…
− Article 17
+ **2.** In the context of the supervision provided for in Article 30(9) of Directive (EU) 2018/2001, Member States shall establish procedures allowing certification bodies, regardless of whether their head office is located in a Member State or in a third country, to register for supervision and for …
− 1. Voluntary schemes shall require economic operators participating in the scheme as well as certification bodies conducting audits under the scheme to cooperate with the Commission and the competent authorities of the Member States, including granting access to the premises of economic operators wh…
+ **3.** Member States shall exchange information and share best practices on how to supervise the operation of the certification bodies in the context of a formal cooperation framework. Where certification bodies carry out the certification of raw materials, biofuels, bioliquids, biomass or other fue…
− | (a) | provide the information needed by Member States to supervise the operation of certification bodies pursuant to Article 30(9) of Directive (EU) 2018/2001; |
− | --- | --- |
+ **4.** The lead audit supervisor shall be responsible, in cooperation with the other Member States concerned, for consolidating and sharing information about the outcome of the supervision of the certification bodies.
− | (b) | provide the information required by the Commission to comply with Article 30(10) of Directive (EU) 2018/2001; |
− | --- | --- |
+ **5.** Member States shall to the extent possible establish cooperation frameworks with third countries for the supervision of certification bodies auditing in their territories, where relevant, in order to ensure the same level of information flow and the application of audit supervision standards …
− | (c) | verify the accuracy of information entered into the Union database or relevant national database pursuant to Article 28(4) of Directive (EU) 2018/2001. |
− | --- | --- |
+ **6.** Where a Member State has reasonable doubts about the ability of a specific certification body, located in the Union or in a third country, to carry out its audit work, it shall share that information with the other Member States, the Commission and the voluntary scheme under which the certifi…
− 2. In the context of the supervision provided for in Article 30(9) of Directive (EU) 2018/2001, Member States shall establish procedures allowing certification bodies, regardless of whether their head office is located in a Member State or in a third country, to register for supervision and for carr…
+ **7.** Economic operators and certification bodies failing or unwilling to comply with the requirements set out in paragraphs 1 to 6 of this Article shall be respectively excluded from participating in and conducting audits under voluntary schemes. Voluntary schemes shall submit annual activity repo…
− 3. Member States shall exchange information and share best practices on how to supervise the operation of the certification bodies in the context of a formal cooperation framework. Where certification bodies carry out the certification of raw materials, biofuels, bioliquids, biomass or other fuels i…
+ **8.** Voluntary schemes shall notify the Commission without delay, about all substantial changes to the content of the scheme that might affect the basis for the recognition of the scheme. Such changes may include any of the following:(a) changes to the mandatory sustainability criteria covered by …
− 4. The lead audit supervisor shall be responsible, in cooperation with the other Member States concerned, for consolidating and sharing information about the outcome of the supervision of the certification bodies.
+ ## CHAPTER IV — SPECIFIC RULES ON THE IMPLEMENTATION OF THE MASS BALANCE SYSTEM, THE UNION DATABASE AND THE ESTABLISHMENT OF GHG EMISSIONS AND BIOLOGICAL FRACTION OF FUELS
− 5. Member States shall to the extent possible establish cooperation frameworks with third countries for the supervision of certification bodies auditing in their territories, where relevant, in order to ensure the same level of information flow and the application of audit supervision standards to c…
+ ### Article 18 — Traceability and Union database
− 6. Where a Member State has reasonable doubts about the ability of a specific certification body, located in the Union or in a third country, to carry out its audit work, it shall share that information with the other Member States, the Commission and the voluntary scheme under which the certificati…
+ **1.** The sustainability and GHG emissions saving characteristics and other information describing raw materials or fuel, required for the purposes of Directive (EU) 2018/2001, together with transaction data shall be thoroughly documented and passed on from economic operator to economic operator th…
− 7. Economic operators and certification bodies failing or unwilling to comply with the requirements set out in paragraphs 1 to 6 of this Article shall be respectively excluded from participating in and conducting audits under voluntary schemes. Voluntary schemes shall submit annual activity reports …
+ **2.** The information to be transmitted through the supply chain shall be included in the documentation accompanying the physical shipments of raw material or fuels. It shall also be included in the Union database as soon as this starts operation, in the case of liquid and gaseous transport fuels t…
− 8. Voluntary schemes shall notify the Commission without delay, about all substantial changes to the content of the scheme that might affect the basis for the recognition of the scheme. Such changes may include any of the following:
+ **3.** For the purpose of tracing consignments of liquid or gaseous fuels in an interconnected infrastructure and subject to the same mass balancing system, the sustainability and GHG emissions saving characteristics and the other information as described in paragraph 1 shall be registered in the Un…
− | (a) | changes to the mandatory sustainability criteria covered by the scheme; |
− | --- | --- |
+ ### Article 19 — Implementation of the mass balance system
− | (b) | extension of the scope of the scheme beyond what is described in the Implementing act, recognising the scheme; |
− | --- | --- |
+ **1.** Voluntary schemes shall require the economic operators participating in the scheme to use a mass balance system, in accordance with Article 30(1) of Directive (EU) 2018/2001 that allows the mixing of raw material or fuels that differ in their sustainability and GHG emissions saving characteri…
− | (c) | extension of the scope of feedstock or biofuels referred to in the original scheme documents where the risk profile of added feedstock differs, for example, with the inclusion of wastes or residues, or where specific procedures are applied; |
− | --- | --- |
+ **2.** Voluntary schemes shall apply the following rules in the implementation of the mass balance system:(a) raw material or fuels shall only be considered to be part of a mixture if they are mixed in a container, at a processing or logistical facility, or at a transmission and distribution infrast…
− | (d) | changes to the mass balance rules; |
− | --- | --- |
+ ### Article 20 — Determining the GHG emissions of biofuels, biomass fuels and bioliquids
− | (e) | changes to auditing procedures or requirements for auditors; |
− | --- | --- |
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