Poland taken to EU Court of Justice over biofuel restrictions

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(BRUSSELS) – Poland is being referred to the Court of Justice of the EU for establishing restrictions in Polish law against certain imported biofuels and raw materials for biofuel, the Commission said Thursday.

Polish law is not fully in line with EU law, says the Commission.

In a statement, it says that fuels can only be marketed if specific fuel requirements are in place. But such requirements do not exist for hydrotreated vegetable oil (HVO), a biofuel that is imported into Poland.

Secondly, the Commission argues that preferential treatment is given to fuel operators who source at least 70% of their biofuels – liquid or gaseous fuel for transport produced from biomass – from Polish manufacturers and when the biofuels are produced predominantly from raw materials originating in certain countries.

Such preferential treatment would discriminate against biofuels manufacturers and raw material producers in other countries.

The Renewable Energy Directive (Directive 2009/28/EC) requires that all Member States must ensure that at least 10% of all energy consumed in transport come from renewable sourcesby 2020. Biofuels can be used to achieve this target, provided that they meet the Directive’s sustainability criteria. EU Member States also must treat sustainable biofuels and their raw materials equally regardless of their origin. This follows from the need to reconcile renewable energy objectives with a functioning and unrestricted market for biofuels.

Further information

 

– General information on infringements proceedings in the area of Energy

– Information on EU infringement procedures

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