Article 19(6) of the Renewable Energy Directive 2009/28/EC mandates the European Commission to submit a report on Indirect Land Use Change (ILUC) and, if appropriate, to make a proposal. This short briefing provides an analysis of the mandate and argues that the discretion of the Commission in deciding how to act is not unconstrained. Both the Renewable Energy Directive and general legal principles related to the use of evidence in decision-making suggest that the introduction of crop-specific ILUC factors, as required by science, would be the most appropriate option to fulfil the mandate.

This document was produced by ClientEarth to assist the wider environmental NGO community as well as European decision-makers in interpreting the law and ensuring the sustainability of biofuels.

Size 161 KB
Published June 1, 2011
Found in EnergyRenewable Energy