G/TBT/N/SWE/133  
 
23 April 2018  
(18-2520) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member: SWEDEN   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible: Swedish Ministry of the Environment and Energy  
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
National Board of Trade (Kommerskollegium)  
Box 6803  
113 86 Stockholm  
+46 8 690 48 00  
kommerskollegium@kommers.se  
http://www.kommers.se  
3. Notified under Article 2.9.2 [ X], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other:  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable): Biofuels 
and bioliquids  
5. Title, number of pages and language(s) of the notified document: Ordinance 
amending th e Ordinance (2011:1088) on sustainability criteria for biofuels and bioliquids    
6. Description of content: The regulations specify when a substance is considered to be an 
end product or a  primary aim of a production process. If a process is usually optimised 
to produce a substance, it shall be considered to be an end product or a primary aim of the 
process. However, even a substance for which a production process is  not usually 
optimised to produce it shall be considered to be an end product or  the m ain purpose of 
the process if the substance has a use other than for energy  purposes and, over the last 2 -
year period or the shorter part of the time the  substance has been on the market, it has 
had an average retail price per kilo  which, over the same per iod, exceeds 40 % of the 
average retail price per kilo  of the substance for which the process is usually optimised. 
The latter does not  apply to substances resulting directly from agricultural, aquaculture, 
fishing  or forestry activities. Since it is clear  from certain EU legal acts, inter alia the ILUC 
Directive and  Commission interpretive communication 2010/C 160/02, that the 
substances  mentioned in points (e), (f) and (h) –(o) of Annex IX to the ILUC Directive  shall 
not be considered to be end products di rectly produced by a production  process or the 
main aim of the process, this is stated in a provision of the  proposed ordinance.  
The wording of § 17 in the ordinance is amended in relation to the current  wording in order 
to better reflect the situations in question.  G/TBT/N/SWE/133  
 
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  7. Objective and rationale, including the nature of urgent problems where 
applicable:  The aim of the provisions is to provide guidance for when a substance 
is considered to be a residue or a main aim of a production process. According to  the 
definition of ‘residue’ in the ILUC Directive, it shall be assessed  whether the production 
process has been deliberately modified to produce the  substance and whether a substance 
is the residue(s) directly produced by a  production process or the main aim o f the process. 
In this assessment, a basis  is necessary, and importance should be placed on the 
substance’s financial  value and use. However, the substances treated as residues at EU 
level, inter  alia by the ILUC Directive and Commission interpretive commu nication 2010/C 
160/02, shall not be included in the assessment. The provisions are objective and directly 
linked to this aim. No less intrusive  measures to achieve the aim are deemed to exist.  The 
measures are proportionate  and are a prerequisite for prov iding the market with guidance.  
8. Relevant documents:  Draft of the proposed technical regulation   
9. Proposed date of adoption: Not specified  
Proposed date of entry into force:  Not specified  
10. Final date for comments: 90 days from notification  
11. Texts available from: National enquiry point [X] or address, telephone and fax 
numbers and email and website addresses, if available, of other body:   
https://members.wto.org/crnattachments/2018/TBT/SWE/18_2142_00_e.pdf