European renewable ethanol producers have launched a second legal challenge, this time against the European Union's EU’s RefuelEU Aviation Regulation. As with the FuelEU Maritime Regulation legal challenge, the industry seeks partial annulment of RefuelEU Aviation Regulation for failing to consider proven emissions-reduction benefits of sustainable biofuels such as renewable ethanol.
In the latest action addressing improper policymaking and discrimination against sustainable crop-based biofuels, the European Renewable Ethanol Association (ePURE) and the European ethanol industry seek partial annulment of RefuelEU Aviation Regulation charging that it improperly excludes crop-based biofuels from the effort to reduce greenhouse gas (GHG) emissions from air transport.
It is the second legal challenge from the EU renewable ethanol industry to be raised in recent months alleging discrimination in EU policymaking against RED-compliant crop-based biofuels despite their proven sustainability and benefits for emissions reduction.
In December 2023 the industry filed a similar case against the FuelEU Maritime Regulation.
The new aviation Court action comes from companies representing nearly all of the EU’s production of renewable ethanol, who are seeking to annul specific sections of the RefuelEU Aviation Regulation that exclude crop-based biofuels from the definition of sustainable aviation fuel (SAF).
As with the FuelEU Maritime case, this RefuelEU Aviation legislation once again jeopardies the EU’s ambitions for transport decarbonization by discriminating against RED-complaint sustainable biofuels. Renewable ethanol has a proven track record of emissions reduction and sustainability as confirmed in the Renewable Energy Directive. Instead of being excluded, it should be empowered in the Union’s interest, said David Carpintero, Director General of the European Renewable Ethanol Association (ePURE).
The legal action is based on several arguments, including among others that the European Parliament and Council committed a manifest error of assessment by contradicting available scientific and technical data in preparing their policy; and violated the principle of proportionality by effectively enacting bans on the use of RED compliant crop-based biofuels.
The legal application for annulment of RefuelEU Aviation was filed with the General Court of the European Union on January 24, 2024.
The challenge was filed by members of ePURE, the European renewable ethanol association, along with Pannonia Bio Zrt.
