Sustainability Criteria in the EU Renewable Energy Directive-Consistent with WTO Rules?

Brief
Date period
13 October 2010

SummaryThe paper analyzes the consistency of the EU Renewable Energy Directive 2009/28/EC with WTO Rules. There has been wide criticism surrounding the issue as it is argued that the directive is not compatible with WTO discipline. In that regard, and since the Directive will have to be implemented by European Member States by this December, several developing countries are currently considering to bring a formal dispute on the issue to the WTO. The information note provides sound and comprehensive legal analysis on this issue and can thus hopefully inform any emerging dispute and the relating decision making process. Amongst others, the paper includes country specific scenarios on the impact of the Directive in the most important biofuel producing countries and the resulting legal consequences.