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Analysis of the mechanisms to control the fulfillment of the EU sustainability criteria for biofuels in Directive 2009/28/EC

Pavlovskaia, Evgenia LU (2014) In Journal of multidisciplinary engineering science and technology (JMEST) 1(3). p.46-64
Abstract
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... (More)
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. (Less)
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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
control of the fulfillment, implementation, sustainability criteria, biofuels, Directive 2009/28/EC, EU-rätt, EU law, miljörätt, environmental law
in
Journal of multidisciplinary engineering science and technology (JMEST)
volume
1
issue
3
pages
46 - 64
external identifiers
  • other:Paper ID JMESTN42350040
ISSN
2580-0817
language
English
LU publication?
yes
id
c15e6d08-b3fb-4f7c-87d4-b97c6281ea58 (old id 4732872)
date added to LUP
2016-04-04 14:03:55
date last changed
2020-04-22 14:15:40
@article{c15e6d08-b3fb-4f7c-87d4-b97c6281ea58,
  abstract     = {{The article analyzes mechanisms established to<br/><br>
control the fulfillment of the EU sustainability criteria for<br/><br>
biofuels that were presented in Directive 2009/28/EC. The<br/><br>
article is the continuation of the research started in the work<br/><br>
Pavlovskaia, E. (2013) “Controlling the Fulfillment of the EU<br/><br>
Sustainability Criteria for Transport Biofuels”, which was<br/><br>
published in RELP 4/2013. The conducted analysis is<br/><br>
grounded in the opinions of the leading researchers in the<br/><br>
environmental energy studies.<br/><br>
The results of the article highlight that there are difficulties to<br/><br>
achieve the desirable quality of control when the EU<br/><br>
sustainability criteria are implemented. It is pointed out that EU<br/><br>
allows the co-existence of voluntary sustainability standards<br/><br>
with corresponding sustainability criteria, benchmarked by the<br/><br>
EU Commission, that basically function on their own. What is<br/><br>
more, EU relies much on independent auditors. The results of<br/><br>
their work are not double-checked by any of the EU<br/><br>
administrative bodies. This can give rise to fraud at any stage<br/><br>
of the production chain.<br/><br>
A number of aspects in the EU approach are detected that are<br/><br>
not easy to get better in practice. For example, control of the<br/><br>
sustainability criterion on the use of land presupposes the<br/><br>
existence of a regime that functions beyond state boundaries,<br/><br>
and is continually supervising land use in different parts of the<br/><br>
planet. There is no such a regime or its elements at present,<br/><br>
and it is doubtful whether and when it will be created in the<br/><br>
future. Besides, it is not clear how production chains for<br/><br>
biofuels should be defined, how this information should be<br/><br>
controlled, and who will control the work and competence of<br/><br>
the engaged independent auditors. A repeating question is that<br/><br>
it is problematic how all companies involved in the biofuel<br/><br>
production and supply can practically be identified and then<br/><br>
controlled.<br/><br>
The article discusses possible ideas for improvement.}},
  author       = {{Pavlovskaia, Evgenia}},
  issn         = {{2580-0817}},
  keywords     = {{control of the fulfillment; implementation; sustainability criteria; biofuels; Directive 2009/28/EC; EU-rätt; EU law; miljörätt; environmental law}},
  language     = {{eng}},
  number       = {{3}},
  pages        = {{46--64}},
  series       = {{Journal of multidisciplinary engineering science and technology (JMEST)}},
  title        = {{Analysis of the mechanisms to control the fulfillment of the EU sustainability criteria for biofuels in Directive 2009/28/EC}},
  volume       = {{1}},
  year         = {{2014}},
}