The EC proposal on biofuels: a valid exercise of power?

摘要

The EC recently made a proposal for a directive to reduce emissions from indirect land use change (ILUC) from biofuels [1]. In itself, the proposal would not attract much attention (it does attract strong industry and NGO attention, however). Yet, it raises questions about the correct exercise of public authority, and therefore whether, if adopted, it would withstand legal challenge. What is the proposal about? European laws [2] promote the use of renewable energy in transport in three main ways: by obliging fuel suppliers to reduce the GHG intensity of fuels [3]; by requiring Member States (MS) to fulfil at least 10% of energy demand in transport from renewables in 2020 [4]; and by allowing MS to provide public support (e.g., subsidies or fiscal incentives) for renewable energy [5]. Biofuels may only be counted towards the targets and receive public support if they meet certain sustainability criteria [6], notably a minimum GHG emission saving of 35% compared with fossil fuels [7].