Legal issues in EU- Brazil biofuels cooperation STAVROS AFIONIS The Hague (April 2013)
Dec 16, 2015
Presentation Outline The EU – Brazil partnership
Legal and trade issues
Indirect land-use change
Highly biodiverse grasslands
Trade barriers
Conclusions
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The EU’s partnershipsThe 2003 European Security Strategy (ESS)
Existing partners
United States JapanCanadaBrazilChinaIndiaMexicoRussiaSouth Africa
Potential partners
EgyptIsraelIndonesiaPakistanUkraineSouth Korea
The EU – Brazil partnership
Established in 2007
1st Joint Action Plan (JAP) in 2008
2nd JAP in 2011 (to last until 2014)
Over 20 sector dialogues Summits
2007 Lisbon2008 Rio de Janeiro2009 Stockholm2010 Brasilia2011 Brussels2013 Brasilia
1) Energy2) Environment and Climate Change3) Information Society4) Maritime Transport5) Satellite Navigation - “Galileo”6) Science and Technology7) Culture8) Education
a.) Tradeb.) Environment
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The EU – Brazil partnership Agenda dominated by trade issues
Brazil is the EU’s 10th trading partner (2.2%)
EU is Brazil’s main trading partner (22%)
Main issues
A. EU – MERCOSUR trade agreement
Negotiations collapsed in 2004, re-launched in 2010
B. Liberalization of EU agricultural market
Negotiations in progress (WTO Doha Round)
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EU and biofuels
A. Directives
Biofuels Directive (2003)
Renewable Energy Directive (2009)
Targets a.) 2% by 2005b.) 5.75% by 2010
10% by 2020
B. Sustainability criteria.1. GHG emission savings of at least 35% (rising to 50% in 2017)
2. Feedstock not to be derived from land with high biodiversity value
3. Feedstock is not to be derived from land with a high carbon stock
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EU, Brazil and biofuels
Issues
Indirect land-use change (iLUC)
Definition of “highly biodiverse grasslands”
Trade barriers
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Indirect land-use change (iLUC)
Source: Fehrenbach et al, 2008. “Criteria for a Sustainable Use of Bioenergy on a Global Scale” UBA-FB Report 206/41/112, p. 51.
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Indirect land-use change (iLUC)
• Brazil acknowledges scientific consensus on iLUC
• Science has progressed, but models still in infancy
• More science needed – Brazil satisfied with 2nd draft
• The 5% cap is inadequate
• What does Brazil propose?
• US process much more transparent
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Highly biodiverse grasslands
Definition expected since 2010
Vital issue for Brazil
Brazil to expand sugarcane plantations in pasture land
2nd sustainability criterion
a) Primary forestb) Natural protected areac) Highly biodiverse grassland
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Highly biodiverse grasslands
• Concept invented as a result of an intra-EU compromise
• Definition a complicated issue – several drafts rejected
• Agreement possibly reached this month
• Why has it taken so long:
Challenging task
Intra-EU repercussions
Brazil surprised…
Highly biodiverse grasslands
Why is this so important to Brazil?
Agriculture expands in pastures
• About 70% of sugarcane plantations
Compliance could be quite costly
• Natural vs. non-natural grasslands
• Need for in situ inspections
Brazil wants the CBD to come up with a definition
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Trade barriersTariffs and subsidies
EU biofuels protectionism
Discussions in several fora
a) MERCOSUR
b) WTO
Barriers bound to be abolished???
supports
uneconomical & energy inefficient production
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Concluding remarks
Partnership has revolutionised bilateral relations
Focus is on trade
iLUC, grasslands and trade barriers top the agenda
Prospects do not appear promising
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