Analysis of the mechanisms to control the fulfillment of the EU sustainability criteria for biofuels in Directive 2009/28/EC
Author
Summary, in English
The article analyzes mechanisms established to
control the fulfillment of the EU sustainability criteria for
biofuels that were presented in Directive 2009/28/EC. The
article is the continuation of the research started in the work
Pavlovskaia, E. (2013) “Controlling the Fulfillment of the EU
Sustainability Criteria for Transport Biofuels”, which was
published in RELP 4/2013. The conducted analysis is
grounded in the opinions of the leading researchers in the
environmental energy studies.
The results of the article highlight that there are difficulties to
achieve the desirable quality of control when the EU
sustainability criteria are implemented. It is pointed out that EU
allows the co-existence of voluntary sustainability standards
with corresponding sustainability criteria, benchmarked by the
EU Commission, that basically function on their own. What is
more, EU relies much on independent auditors. The results of
their work are not double-checked by any of the EU
administrative bodies. This can give rise to fraud at any stage
of the production chain.
A number of aspects in the EU approach are detected that are
not easy to get better in practice. For example, control of the
sustainability criterion on the use of land presupposes the
existence of a regime that functions beyond state boundaries,
and is continually supervising land use in different parts of the
planet. There is no such a regime or its elements at present,
and it is doubtful whether and when it will be created in the
future. Besides, it is not clear how production chains for
biofuels should be defined, how this information should be
controlled, and who will control the work and competence of
the engaged independent auditors. A repeating question is that
it is problematic how all companies involved in the biofuel
production and supply can practically be identified and then
controlled.
The article discusses possible ideas for improvement.
control the fulfillment of the EU sustainability criteria for
biofuels that were presented in Directive 2009/28/EC. The
article is the continuation of the research started in the work
Pavlovskaia, E. (2013) “Controlling the Fulfillment of the EU
Sustainability Criteria for Transport Biofuels”, which was
published in RELP 4/2013. The conducted analysis is
grounded in the opinions of the leading researchers in the
environmental energy studies.
The results of the article highlight that there are difficulties to
achieve the desirable quality of control when the EU
sustainability criteria are implemented. It is pointed out that EU
allows the co-existence of voluntary sustainability standards
with corresponding sustainability criteria, benchmarked by the
EU Commission, that basically function on their own. What is
more, EU relies much on independent auditors. The results of
their work are not double-checked by any of the EU
administrative bodies. This can give rise to fraud at any stage
of the production chain.
A number of aspects in the EU approach are detected that are
not easy to get better in practice. For example, control of the
sustainability criterion on the use of land presupposes the
existence of a regime that functions beyond state boundaries,
and is continually supervising land use in different parts of the
planet. There is no such a regime or its elements at present,
and it is doubtful whether and when it will be created in the
future. Besides, it is not clear how production chains for
biofuels should be defined, how this information should be
controlled, and who will control the work and competence of
the engaged independent auditors. A repeating question is that
it is problematic how all companies involved in the biofuel
production and supply can practically be identified and then
controlled.
The article discusses possible ideas for improvement.
Department/s
Publishing year
2014
Language
English
Pages
46-64
Publication/Series
Journal of multidisciplinary engineering science and technology (JMEST)
Volume
1
Issue
3
Document type
Journal article
Topic
- Law
Keywords
- control of the fulfillment
- implementation
- sustainability criteria
- biofuels
- Directive 2009/28/EC
- EU-rätt
- EU law
- miljörätt
- environmental law
Status
Published
ISBN/ISSN/Other
- ISSN: 2580-0817
- Paper ID JMESTN42350040