G/TBT/W/691  
 
25 November 2019  
(19-8008) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
EUROPEAN UNION — AMENDMENTS TO THE DIREC TIVE 2009/28/EC,  
RENEWABLE ENERGY DIR ECTIVE  
STATEMENT BY MALAYSIA TO THE COMMITTEE ON TECHNICAL BARRIERS T O TRADE  
13 – 15 NOVEMBER  2019 
The following communication, dated 13 November  2019, is being circulated at the request of the 
delegation of the Malaysia . 
 
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1.  Malaysia remains very concerned with the development of the Directive (EU) 2018/2001 of the 
European Parliament and of the Council of 11 December 2018 on the pr omotion of the use of energy 
from renewable sources and the Commission Delegated Regulation (EU) 2019/807 of 13 March 2019.  
2.  The development has negatively impacted the Malaysian oil palm industry because this had 
resulted in several countries in the Europe an Union and non -European Union enforcing legislation to 
single out and discriminate  biodiesel produced from palm oil to be not eligible  for incentives and tax 
exemption against biodiesel produced from other vegetable oils.  
3.  We have been engaging with the European Union in all possible fora to provide scientific evidence, 
facts and information as well as to exchange views to find a mutually beneficial and mutually 
acceptable way forward to ensure continued market access for Malaysian palm biodiesel.  
4.  Although we appreciate the European Union for their willingness for open discussion and dialogue, 
the continuous engagements have not resulted in a fair treatment for palm oil produced in Malaysia.  
5.  We urge the European Union to observe the principles of fa irness, justice, openness, 
transparency and non -discrimination in conducting international trade. We also urge the European 
Union to provide an equitable treatment across all oil crops biofuels and bioliquids in line with the 
principle of non -discriminatio n which stipulates that a member shall not discriminate between "like" 
products from different trading partners.  
6.  Malaysia is committed to realising the 2030 Agenda for Sustainable Development and its 17 
Sustainable Development Goals. The Sustainable Develo pment Goals are a universal call to action 
to end poverty, protect the planet and ensure that all people enjoy peace and prosperity. In this 
context, the oil palm industry plays a very important role in contributing positively and constructively 
towards ac hieving the Sustainable Development Goals.  
7.  In March 2019, the Government of Malaysia had agreed with the new policy in ensuring that 
Malaysian oil palm is cultivated in a sustainable manner. The measures included to cap oil palm 
cultivated area to 6.5 mil lion hectares; to put a stop on conversion of permanent forest reserved 
area; to halt planting of oil palm in the new peatland area and further strengthen regulations with 
regard to existing oil palm cultivated on peat; and to make available oil palm plant ation maps for 
public access that demonstrate further transparency in the supply chain.  
8.  Malaysia wishes to emphasise that the Malaysian oil palm industry is committed to produce palm 
oil in accordance with sustainable principles and criteria under the Mala ysian Sustainable Palm Oil 
(MSPO) certification scheme, which will be implemented on a mandatory basis by 31 December 
2019.  G/TBT/W/691  
 
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  9.  Malaysia has put in place policy framework and legislation to ensure sustainable development 
balancing the protection of the enviro nment and socioeconomic development. This is evident through 
the implementation of various programmes and initiatives for conservation and preservation of 
forests and biodiversity including among others, national forestry initiatives namely, The Central 
Forest Spine and Heart of Borneo, reforestation through replanting of forest tree species, 
establishment of wildlife corridors and reduction of greenhouse gas (GHG) emission.  
10.  The Central Forest Spine covers 5.3 million hectares in Peninsular Malaysia and the  Heart of 
Borneo is a trilateral cooperation between Brunei, Indonesia and Malaysia covering an area of over 
20 million hectares. These initiatives help to strengthen the world's resilience to climate change by 
conserving carbon sinks and creating a huge g reen lung for the world while at the same time 
protecting the livelihoods for the forest dependent communities.  
11.  Malaysia continues to maintain 55.3% of its land area under forest cover which exceeds the 
commitment of Malaysia to retain at least 50% pledged  at the Rio Earth Summit in 1992.  
12.  The Malaysian Budget 2020 which was tabled on 11 October 2019 had also included the strategy 
on promoting environmental sustainability.  The Government of Malaysia had allocat ed budget  for 
preservation of Malaysia 's pristi ne forests and natural biodiversit y as well as  protection of 
endangered species such as Malayan tiger and orang utan  which demonstrate our commitment and 
seriousness in taking action to address the issue.   
13.  Also, we will  commence a survey project that aims to undertake a new population survey of the 
Orang Utan and pygmy elephants in Sabah. This survey will bring together wildlife experts, scientists 
and researchers to take part in an extensive study on the population  of the state 's iconic wildlife.  
14.  Currently , Malaysia  has also committed to plant 1 million forest tree species within the next 10 
years particularly in degraded lands in Sabah as well as protecting the wildlife population which the 
projects will be sponsored primarily by the palm oil industry play ers.  
15.  We urge  the European Union to acknowledge and recognise the efforts and commitment in 
contributing towards protection and conservation of forest and biodiversity and production of 
Malaysian palm oil in a sustainable manner.  
16.  We remain fully committed to negotiating in a sincere and constructive manner in ensuring a 
non-discriminatory treatment against palm products and to prevent the unnecessary barrier for 
market access of palm products into the European Union.  
17.  We look forward  to the positive response from the European Union.  
 
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