The Biobased and Renewable Products Advocacy Group (BRAG) helps members develop and bring to market their innovative biobased and renewable chemical products through insightful policy and regulatory advocacy. BRAG is managed by B&C® Consortia Management, L.L.C., an affiliate of Bergeson & Campbell, P.C.

By Lynn L. Bergeson

On June 27, 2018, representatives from 11 European companies and universities gathered in Örnsköldsvik, Sweden, to kick-off the EU-funded Rewofuel project.  This three-year, €19.7 million (about $23 million) project will demonstrate and evaluate how to best use wood residues from the forest industry to produce biofuels, with a long-term goal of starting new biorefineries across Europe. Rewofuel is a collaborative project that is expected to run for three years, and is being worked on by SEKAB E-Technology, Peab Asphalt, Sky NRG, Global Bioenergies, Neste Engineering Solutions, Repsol, Ajinomoto, Eurolysine, IPSB, TechnipFMC, and Linz University.  Jean-Baptiste Barbaroux, Chief Corporate Officer at Global Bioenergies, said of the project, “By combining technologies and know-how from the leading biofuels actors across Europe, the project Rewofuel will be able to demonstrate the increasingly important role of using forest materials in the European renewable energy transition. We look forward to contributing directly to the European climate and energy targets.”


 

By Lynn L. Bergeson

On June 14, 2018, the European Union (EU) reached a deal on the Renewable Energy Directive (REDII),which sets new targets for renewables. REDII represents stricter targets than those discussed in Brussels in 2014, upping the percentage of the EU’s energy that must come from renewable sources to 32 percent of total energy consumption by 2030. The agreement also states that at least 14 percent of transportation fuel must come from renewable sources by 2030, and includes a plan to phase out crop-based biofuels by capping the percentage of such biofuel counted towards EU Renewable Energy requirements at 7 percent of all road and rail transport. In addition to capping the counted percentage of crop-based biofuels, REDII requires the share of advanced biofuels used in transportation to reach 1 percent by 2025, and 3.5 percent by 2030. This agreement is still draft legislation with certain details left to be determined by the European Commission, including a plan to create a certification process of low indirect land use change (ILUC) biofuels that will phase out high-ILUC biofuels, including those made from palm oil. The European Parliament and the European Council still need to approve formally REDII before it goes into effect.

Tags: EU, REDII, ILUC

 

 

 

By Lynn L. Bergeson

According to documents from the European Union (EU), the European Court of Justice (ECJ) ruled that the EU must remove anti-dumping (AD) duties on biodiesel imports from 13 Argentine and Indonesian producers.  Importers will be able to claim back duties that were paid in the past.  While the companies that challenged the measures are no longer subject to AD duties, the duties still apply to companies not covered under the legal challenge.  The EU initially appealed the September 2016 ECJ ruling to annul the duties but later dropped the appeal.  In addition to ECJ, the World Trade Organization has ruled against the EU AD duties, which were established in 2013.  Indonesia intends to challenge the biodiesel duties established in the U.S. and to continue expanding biodiesel subsidies to cover palm oil blended fuels for use by the mining and power sector.


 

By Lynn L. Bergeson

On February 23, 2018, European Union (EU) ambassadors reached provisional agreements on the waste legislative package published by the European Commission in 2015.  The four legislative proposals include amendments to the:

  • Waste Framework Directive;
  • Packaging and Packaging Waste Directive;
  • Landfill Directive; and
  • End-of-Life Vehicles (ELV)/Batteries/Waste Electrical and Electronic Equipment (WEEE) Directives. ‚Äč

The Waste Framework Directive and the Packaging and Packaging Waste Directive both acknowledge that biobased and compostable plastics contribute to more efficient waste management and help reduce the impacts of plastic packaging on the environment.  Amendments to the Waste Framework would permit biodegradable and compostable packaging to be collected with biowaste and recycled in industrial composting and anaerobic digestion.  Additionally, the legislation differentiates biodegradable compostable plastics from oxo-degradable plastics, which would not be considered biodegradable.


 

By Lauren M. Graham, Ph.D.

On February 20, 2018, the European Commission (EC) issued a notice of initiation of an expiry review of antidumping (AD) measures applicable to imports of U.S. bioethanol.  The AD duty that has been in place since 2013 was set to expire on February 23, 2018.  The European Renewable Ethanol Association (e-PURE) petitioned the EC on behalf of producers representing more than 25 percent of the total European Union (EU) bioethanol production to review the AD measures due to the likely recurrence of injury to the EU industry.  E-Pure alleged that the removal of injury was the result of the existence of the AD measures and that an increase of imports at dumped prices from the U.S. would likely lead to a recurrence of injury to the EU industry should the measures be allowed to lapse.  Following its determination that sufficient evidence exists to justify an expiry review, the EC will investigate whether the removal of the AD measures will likely lead to a continuation or recurrence of dumping of U.S. bioethanol.  The investigation will conclude within 15 months.


 

By Lauren M. Graham, Ph.D.

On January 17, 2018, the European Parliament (EP) adopted the revision of the Renewable Energy Directive (REDII), which includes draft measures to raise the share of renewable energy to 35 percent by 2030.  Additionally, the lawmakers voted to exclude biofuels produced from palm oil from consideration of European Union (EU) Renewable Energy targets and to cap other crop-based fuels at their current levels.  The exclusion of palm oil-derived biofuels would not ban or limit the production of such biofuels in the EU.  The EP vote does not represent a final decision, but rather sets the EP position for negotiations with the Council of Ministers and the European Commission (EC).

Tags: REDII, EP, EU, Biofuels

 

 

By Kathleen M. Roberts

On August 25, 2017, the National Farmers’ Union (NFU) announced that the European Commission confirmed the extension of the Red Tractor voluntary scheme for biofuels for an initial three months.  Red Tractor is a certification body used to prove that crops meet European Union (EU) sustainability requirements.  To receive public support or count towards mandatory national renewable energy targets, biofuels used in the EU must comply with the EU's sustainability criteria.  One way for a company to demonstrate compliance is to participate in voluntary schemes recognized by the European Commission.
 
As with the other voluntary schemes, Red Tractor was approved for a period of five years, which expired on August 1, 2017.  On August 24, 2017, NFU called on the Commission to urgently address concerns that Red Tractor-approved crops will no longer be able to enter the European biofuels market.  The Commission responded by confirming that the Red Tractor scheme continues to be considered compliant with the EU Renewable Energy Directive (RED) sustainability criteria until November 5, 2017, pending another five-year approval.


 
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