Austria ends crediting of biofuels from palm oil as of 01 July 2021
Berlin, 26 January 2021: The accounting of biofuels with a high risk of indirect land use change (iLUC) will end in Austria on 1 July 2021. This exclusion is provided for in the amended legal provision of the Fuel Ordinance of 25 January 2021. The Austrian Federal Government is thus making early use of the authorisation in Delegated Regulation (EU)2019/807 under the Renewable Energy Directive (2018/ 2019), RED II. This provides for the exclusion of biofuels from raw materials with a high risk of indirect land use change from 2023 until 2030 at the latest.
The Union for the Promotion of Oil and Protein Plants (UFOP) welcomes the regulation of the Austrian Federal Government, pointing out that the draft law submitted by the German Federal Government at the end of 2020 to implement RED II provides for the exclusion of biofuels from palm oil. From 2025, according to the draft, the crediting of biofuels from palm oil to the GHG quota would no longer be possible. In France, the accounting of biofuels from palm oil already ended on 1 January 2020 with the implementation of Regulation No. 2019-570. This regulation also stipulates, in an aggravating manner, that from 31 December 2019, economic operators will no longer be able to list biofuels from palm oil in their mass balance system.
The world's largest palm oil producers, Malaysia and Indonesia, are opposing this exclusion. Indonesia initiated proceedings at the World Trade Organisation (WTO) in November 2020 and Malaysia in January 2021 against the exclusion regulations in RED II. Discussions on this issue are now also taking place at the EU level at the level of foreign ministers. A meeting at the end of December 2020 was attended by the foreign ministers of the ten ASEAN countries and their counterparts from the EU. The negotiating partners agreed to set up a working group to address "the challenge of achieving the Sustainable Development Goals in the vegetable oil sector". The UFOP fears that against the background of economic interests, the exclusion regulation could be overturned. The EU Commission's work programme within the framework of the Green Deal provides for the revision of RED II in the second quarter of 2021, accompanied by an impact assessment.