The European Commission sent an additional reasoned opinion to Poland on Thursday 27 April in relation to restrictions in Polish law on certain imported biofuels and raw materials for the manufacture of biofuels.
This follows the Commission’s decision in May 2016 to refer the case to the Court of Justice of the EU (CJEU) for failure to comply with Directive 2009/28/EC on renewable energy. Following changes in Polish legislation made after May 2016, the Commission has updated its assessment and calls on Poland to remedy the remaining issues of non-compliance.
The Commission believes that Polish law on biofuels does not fully comply with the renewable energy directive or with Article 34 of Treaty on the Functioning of the EU (TFEU) on the free movement of goods.
Firstly, hydrotreated vegetable oil (HVO), a biofuel not produced in Poland but imported from other member states, cannot be marketed in Poland due to the absence of fuel quality requirements for HVO.
Secondly, preferential treatment is given to fuel operators who source at least 70% of their biofuels from producers based in Poland and from raw materials from a limited number of countries, thus discriminating against biofuels manufacturers and raw material producers in other countries, the Commission believes.
The renewable energy directive requires all member states to ensure that at least 10% of all energy consumed in transport comes from renewable sources by 2020. Biofuels can be used to achieve this target, provided that they meet the Directive’s sustainability criteria. Member states must also treat sustainable biofuels and their raw materials equally regardless of their origin.
Poland has two months to inform the Commission of the measures taken to remedy the situation, after which the case may be referred to the CJEU. (Original version in French by Emmanuel Hagry)