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, as amended by Directive 2009/30/EC, and in particular the second subparagraph of Article 7b(3)(c) 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, and in particular the second subparagraph of Article 17(3)(c) thereof,
Whereas:
(1)
Directives 98/70/EC and 2009/28/EC lay down that biofuels and bioliquids may only be counted towards the established targets and economic operators may only benefit from public support if they comply with the sustainability criteria laid down in those Directives. As part of this scheme, biofuels and bioliquids can only be counted towards the targets or benefit from public support in case they are not made from raw material obtained from land that in or after January 2008 was highly biodiverse grassland, unless in the case of non-natural highly biodiverse grasslands evidence is provided that the harvesting of the raw material is necessary to preserve its grassland status.
(2)
Article 17(3)(c) last subparagraph of Directive 2009/28/EC and Article 7b(3)(c) last subparagraph of Directive 98/70/EC request the Commission to establish the criteria and geographic ranges to determine which grassland qualifies as highly biodiverse grassland under Article 7b(3)(c) of Directive 98/70/EC and Article 17(3)(c) of Directive 2009/28/EC.
(3)
Highly biodiverse grasslands differ among climatic zones and may include, inter alia, heaths, pastures, meadows, savannahs, steppes, scrublands, tundra and prairies. These areas develop distinct characteristics for instance with regard to the degree of tree cover and the intensity of grazing and mowing. For the purposes of Article 7b(3)(c) of Directive 98/70/EC and Article 17(3)(c) of Directive 2009/28/EC, it is therefore appropriate to use a broad definition of grassland.
(4)
Directives 98/70/EC and 2009/28/EC distinguish between natural and non-natural highly biodiverse grassland and provide definitions for both of these. It is therefore appropriate to include operational criteria in these definitions. It is appropriate, for the purpose of this Regulation, to consider degraded grassland as being impoverished in terms of biodiversity.
(5)
Compliance with Article 7b(3)(c) of Directive 98/70/EC and Article 17(3)(c) of Directive 2009/28/EC is verified in accordance with Article 7c(1) and (3) of Directive 98/70/EC and Article 18(1) and (3) of Directive 2009/28/EC.
(6)
Comprehensive information on geographic ranges of highly biodiverse grasslands is not available at international level. Therefore, this Regulation provides geographic ranges only for those highly biodiverse grasslands for which information is already available.
(7)
The measures provided for in this Regulation are in accordance with the opinion of the Committee on Sustainability of Biofuels and Bioliquids established by Article 25(2) of Directive 2009/28/EC,
HAS ADOPTED THIS REGULATION: