Council position
Article 1 – point 4 – point a a (new)
Directive 98/70/EC
Article 7c – paragraph 4 - subparagraph 1
4. The Community(aa) in paragraph 4, the first subparagraph is replaced by the following: “4. The Union shall endeavour to conclude bilateral or multilateral agreements with third countries containing mandatory commitments on provisions on sustainability criteria that correspond to those in this Directive. Where the Communityof this Directive. Such agreements should also set out rules in order to ensure that third countries' customs procedures do not lead to fraud related to the import and export of biofuels and bioliquids, as well as on provisions on trade facilitation. The Union shall also endeavour to conclude agreements with third countries containing commitments on the ratification and enforcement of the Conventions of the International Labour Organization and of the multilateral environmental agreements referred to in Article 7b(7). Where the Union has concluded agreements containing mandatory commitments on provisions relating to matters covered by the sustainability criteria set out in Article 7b(2) to (5), the Commission may decide that those agreements demonstrate that biofuels and bioliquids produced from raw materials cultivated in those countries comply with the sustainability criteria in question. When those agreements are concluded, due consideration shall be given to measures taken for the conservation of areas that provide, in critical situations, basic ecosystem services (such as watershed protection and erosion control), for soil, water and air protection, indirect land-use changes, the restoration of degraded land, the avoidance of excessive water consumption in areas where water is scarce and to the issues referred to in the second subparagraph of Article 7b(7).”