33Article 17 of Directive 2009/28 thus seeks, first, to ensure, with a view to guaranteeing the high level of protection of the environment referred to in Article 95(3) EC, now Article 114(3) TFEU, that biofuels may be taken into account by the Member States, for the three environmental purposes set out in Article 17(1) of that directive, only provided that they fulfil the sustainability criteria in that article laid down by the EU legislature.
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