- Proposal for a Directive of the European Parliament and of the Council amending Directive 98/70/EC as regards the specification of petrol, diesel and gas-oil and introducing a mechanism to monitor and reduce greenhouse gas emissions from the use of road transport fuels and amending Council Directive 1999/32/EC, as regards the specification of fuel used by inland waterway vessels and repealing Directive 93/12/EEC - Proposal for a Directive of the European Parliament and of the Council on the promotion of the use of energy from renewable sources = Biofuel sustainability criteria - compatibility with WTO - Montesquieu Institute

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COUNCIL OFBrussels, 22 July 2008

THE EUROPEAN UNIONPUBLIC

12066/08

LIMITE

Interinstitutional File:

2007/0019 (COD) 2008/0016 (COD)

JUR 303 ENV 480 ENER 233 ENT 188 TRANS 256 AGRI 235 CODEC 1004

DOCUMENT PARTIALLY ACCESSIBLE TO THE PUBLIC

OPINION OF THE LEGAL SERVICE

*

No. Cion prop. : 6145/07 ENV 80 ENT 17 ENER 59 TRANS 34 CODEC 98

5421/08 ENER 15 ENV 24 TRANS 15 AGRI 15 CODEC 58

Subject : - Proposal for a Directive of the European Parliament and of the Council

amending Directive 98/70/EC as regards the specification of petrol, diesel and gas-oil and introducing a mechanism to monitor and reduce greenhouse gas emissions from the use of road transport fuels and amending Council Directive 1999/32/EC, as regards the specification of fuel used by inland waterway vessels and repealing Directive 93/12/EEC

• - 

  Proposal for a Directive of the European Parliament and of the Council on the

promotion of the use of energy from renewable sources

I. INTRODUCTION

• 1. 

  In the context of its discussions concerning the two proposed Directives, Coreper I is

currently examining suggestions introducing a common sustainability scheme for

biofuels (11129/08 ADD 1 and 11747/08). During the meeting of Coreper I of 16 July

2008, the Legal Service was asked to give its opinion on the compatibility of the

proposed criteria with the rules of the World Trade Organisation ('WTO'). This opinion

sets out in writing the explanations given by the representative of the Council Legal

Service in that respect.

II. THE LIKENESS IN WTO TERMS

• 2. 

  Under Articles I and III:4 of the General Agreement on Tariffs and Trade ('GATT') any

advantage in respect of rules affecting sale accorded to a product from one Contracting

Party must be accorded immediately to "like products" of other Contracting Party

(General Most-Favoured-Nation Treatment). The same applies to advantages accorded

to national products which must be accorded as well to "like" imported products.

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