“U-turn” on biofuels from food crops causes hot debate

The 2009 EU Renewable Energy Directive (RED) demands that by 2020, 10% of all transport fuels are to stem from renewable sources like biofuels. That helps reduce greenhouse gas emissions, it makes the EU less dependent on fossil fuel imports and it offers new prospects for agriculture. Unfortunately, some biofuels are worse than fossil fuels in respect of their greenhouse gas emissions and their impact on land use, biodiversity, food prices and indigenous people. The EU Directive does not prevent burning down rainforests and using them for food production, while growing palm oil in the area previously occupied for food. This Indirect Land Use Change (ILUC) factor was flagged as an issue by European Parliament at the time when the draft directive was discussed. Instead of incorporating these points, the adopted text merely asked the Commission to review the impact of ILUC on greenhouse gas emissions and where necessary to propose amendments. It also stressed that second generation biofuels are preferred over first generation ones. The former are made from food-crops and the latter from non-food crops, crops residues and waste, offering greater reductions in GHG emissions than first generation biofuels. As a result of the 2009 RED, a surge in the production of biofuels took place. By the end of 2011, some 5% of transport fuels consist of biofuels. Unfortunately, almost all of these are first generation and thus potentially worse than fossil fuels.

On 17 October 2012 the Commission presented a proposal that even before it was published already caused a steer when details of an earlier version leaked. The proposal proposes to limit the amount of first generation biofuels counting towards the EU target to 5%, basically putting a stop on further demand for biofuels produced from cereal and other starch rich crops, sugar and oil crops. Producers reacted angrily, as could be expected. Some even talked about claims against the Commission. It might seem justified to be angry if your product is at stake. However, as explained above, it was clear from the start that something might be done to tackle ILUC. In that sense, what some now describe as a “U-turn” could have been expected from the start. Whether this proposal as it stands today is the best way forward can be disputed, but what is certain that ILUC effects need to be taken into account where the demand for biofuels in the EU is concerned. Otherwise we are creating more problems than resolving them, notably in poor countries outside Europe. Lack of full scientific certainty on the exact amount of extra problems ILUC is causing should not stand in the way of taking such action, provided a balanced precautionary approach is followed.

Wybe Th. Douma, 19 October 2012

See also: Legal aspects of the EU biofuels policy: protection or protectionism?, in: German Yearbook International Law 2010, vol. 53, p. 371-420

              Biofuels industry threatens to sue European Commission, 17.10.2012

              A comment in Dutch about the new developments at Europa Decentraal

              Live replay Promoting Biofuels, creating scarcity? , European Development Days 2012

 

On the 17th of October 2012, the European Commission introduced a proposal to minimise the climate impacts of biofuels production.

See also:

- The proposal: COM (2012) 595

- EUROPA- Press Release

- As we reported before, on the 15th of October 2012. The European Environmental Bureau, the BirdLife Europe and the Transport & Environment organization presented their request regarding ILUC and biofuels at the Commission.

According to some initial reactions, the proposal lacks substantial elements. Also, some say that compared to the previous leaked version, the official proposal issued on 17 October seems watered down.

 

 

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