European Energy and Environmental Law Review

Volume 21 (2012)

Volume 21 (2012) / Issue 3

Seita Romppanen, 'Regulating Better Biofuels for the European Union' (2012) 21 European Energy and Environmental Law Review, Issue 3, pp. 123–141


Comprehensive European or global regulation on sustainable biofuels does not yet exist. In the near future, it is likely that 10 percent of the energy used for transportation in the EU will consist mostly of biofuels, the majority of which will be imported from third countries. As the EU only has legislative jurisdiction regarding its Member States, the asymmetry between the locations of feedstock, the production of biofuel and the end users creates particular legal challenges for the sustainability scheme. It is not enough that to just correct the evident deficiencies of the current scheme; the EU sustainability scheme must provide a comprehensive answer to the complex sustainability challenges. One option could be a global approach driven by the EU leadership position. This article evaluates the legal applicability of the EU sustainability scheme against the global scenario of biofuels. Indirect land-use change is explored as the culminating issue of biofuel sustainability. The article also analyses the current regulatory approach, from the view that is it adequate in terms of securing the sustainable production of biofuels, especially in relation to the notion on "global" biofuels. Combating climate change forces new environmental problems to stand out, which also creates new legal challenges. In the field of dynamic climate change law, biofuel sustainability is an apt example of this.

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ISSN: 0966-1646
ID: EELR2012010