G/TBT/W/714  
3 March  2020 
(20-1604) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  Spanish  
 
  
EUROPEAN UNION – AMENDMENTS TO DIRECTIVE  2009/28/EC  
RENEWABLE ENERGY DIRECTIVE  
STATEMENT BY COLOMBIA TO THE COMMITTEE  
ON TECHNICAL BARRIERS TO TRADE  
26 TO 27 FEBRUARY  2020 
The following communication, dated 2 March  2020, is being circulated at the request of the 
delegation of Colombia . 
 
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1.  We wish to reiterate , as we have done  at the past six meetings of this Committee , our concern 
regarding both Directive (EU) 2018/2001 of the European Parliament and of the Council , and the 
supplementary  delegated act , under which it is established that first-generation biofuels posing a 
high risk of indirect land -use change (ILUC) shall have their contribution to the renewable energy 
share gradually reduced to 0 % by 2030 . In particular, we wish to express our concern regarding  the 
criteria for identifying  high ILUC -risk biofuels and certifying the ILUC risk . 
2.  In Colombia 's view , these provisions are inconsistent with the national treatment and 
MFN obligations  set out in th e GATT 1994 and Article 2.1 and 2.2 of the WTO TBT Agreement . 
3.  Colombia appreciates the intention of the European Union (EU) to adopt policies aimed at  
protecting the environment and promoting the use of energy from renewable sources . Nevertheless, 
these policies should be applied in a manner that is non -discriminatory and not more restrictive than 
necessary, and should not create an unnecessary obstacle or disguised barrier to trade that indirectly 
affects entire economies and populatio ns dedicated to agriculture and agro -industry . 
4.  We would first like to draw attention to the ILUC methodology , which has no valid or 
internationally recognised scientific basis for measuring the environmental impact of a production 
activity . The Commission did not take into account existing international standards or other  
internationally approved methodologies in this area . In addition,  an impact assessment  on the 
potential scope of the adopted measures  was not carried out for these provisions . 
5.  Secondly , with regard to the classification of certain high ILUC -risk biofuels , the considerations 
are not technically appropriate, since : 
i. the level of deforestation associated with these products is not always high in all 
producing countries ; 
ii. some countries, such as Colombia, have land available to increase the agricultural 
production area without resorting to deforestation;  
iii. products shown by international studies to be the greatest contributors to 
deforestation , such as soy and rapeseed, are not considered to present a high ILUC 
risk. The European standard could even benefit producers of these goods who have 
engaged in deforestation . G/TBT/W/714  
- 2 - 
  6.  In the same vein , it should be noted that  the EU provisions could also run counter to the 
commendable aims of environmental conse rvation , as the oil would then come from other crops that 
require a larger area to obtain similar results in terms of production volume . 
7.  With regard to  the certification  of low ILUC -risk fuels , the Commission is yet to  publish  
informa tion on the certificat ion mechanisms and  conformity assessment procedures , thereby making 
it even more difficult to adapt with a view to access ing the market . Moreover , the additionality 
criteria  for obtaining certification  outlined  in the delegated act  only allow for the certi fication of 
"additional oil ", meaning that a large part of current production would not be able to be certified , for 
no justifiable reason . 
8.  Furthermore , a cause for significant concern  is the definition of small -scale producers (small 
holders) used in the provisions1, which we consider to have no technical or scientific basis and to 
substantially diverge  from the standards used by international organizations . It should be recalled 
that the classification of small -scale producers differs in each country , in line with  economic and 
social condi tions. 
9.  In Colombia 's view, this measure constitutes de facto discrimination under Articles I and III of 
the GATT , which prohibit discrimination between like products of differen t foreign origins and like 
products of foreign and national origin . It is important to highlight the extensive economic and 
technical scope for substitution that exists among vegetable oils . We wish to draw attention to the 
manner in which it is establishe d that  a feedstock presents a high ILUC risk , on the basis of indicators 
and criteria  that de facto  discriminate against palm oil , but exclude from the prohibition like 
feedstock, much of which is produced locally in European territory . 
10.  Moreover , the adoption  of a global  approach to establish  that all palm oil presents a high ILUC 
risk constitutes unfair and arbitrary  treatment that does not take into account  specific  circumstances 
and differences in production methods and processes, including land man agement, in different 
jurisdictions . 
11.  Colombia requests the EU to conduct a thorough review of the delegated act in 2021 , in line 
with best regulatory practices , and to adopt an approach  that enables sustainable palm oil to 
contribute to the EU's renewable energy targets . 
12.  We once again welcome the opportunity to comment on this matter and request the EU to clarify 
how it reconciles this discriminatory treatment against palm oil -producing countries with its 
WTO obligations concerning national and MFN treatmen t. 
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1 Small -scale producers (small holders) are defined as: "farmers who conduct independently an 
agricultural activity on a holding with an agricultural area of less than 2 hectares for which they hold ownership 
[or] tenure rights".