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(Bio)Fueling Injustice? - Europafrica

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the Commission made clear that Member States may not use the inclusion of social<br />

sustainability issues in a voluntary scheme as grounds for a refusal to take into<br />

account biofuels/bioliquids that are not covered by the scheme. 411<br />

The EU relies, secondly, on a system of monitoring to prevent negative social impact<br />

of its biofuel policy. According to the RED, the Commission must, every two years,<br />

report to the European Parliament and the Council on a number of consequences of<br />

the EU biofuel policy, including:<br />

1) the impact on social sustainability in the Community and in third countries of<br />

increased demand for biofuel;<br />

2) the impact of Community biofuel policy on the availability of foodstuffs at<br />

affordable prices, in particular for people living in developing countries;<br />

3) wider development issues; and<br />

4) the respect of land-use rights. 412<br />

The Commission must also report both for third countries and Member States that are<br />

a significant source of raw material for biofuel consumed within the Community, about<br />

whether the country has ratified and implemented the core International Labour<br />

Organisations conventions. The first such report should be released at the end of<br />

2012. The RED includes the possibility that corrective action is taken, “in particular if<br />

evidence shows that biofuel production has a significant impact on food prices”. 413<br />

This monitoring exercise is absolutely crucial, as it is the central argument of<br />

the EU to defend that it controls the negative social impacts of its biofuel<br />

policy. 414 The European Commission has affirmed:<br />

“The continued monitoring and reporting of impacts of the<br />

biofuel policy will ensure that unsustainable practices will be<br />

detected and corrective action will be taken if appropriate. This<br />

relates to food prices as well as to environmental and broader<br />

economic impacts.” 415<br />

The report published in 2012 will therefore be fundamental for the European<br />

Commission to assess properly and act upon the social impact of biofuels, and its<br />

quality will give a good indication on the efforts the EU is ready to make in this regard.<br />

To be useful, the report will need to be strictly impartial and rigorous. An initial study<br />

recently published by the Commission (January 2012) to provide baseline data and<br />

methodology regarding the impacts of biofuels as of 2008 (before the RED applied)<br />

can give a sense of the future content of the coming bi-annual report. This study is<br />

purportedly significant as it aims at providing the Commission with a methodology for<br />

its monitoring under the RED and it will bring “important inputs in the Commission’s biannual<br />

renewable energy progress reports.” 416 However, there are key issues<br />

present in the baseline study will need to be addressed in the bi-annual report to<br />

make it credible. The baseline study sometimes avoids reviewing specific countries,<br />

without any apparent reason. 417 It only does a very superficial analysis of the social<br />

impacts of the EU biofuel policy, focusing on job creation, gender issues, the<br />

involvement of small farmers in producing biofuel feedstocks, and compliance with<br />

International Labour Organisation Conventions. It thus takes a very narrow<br />

understanding of the obligation to report on “wider development issues” present in the<br />

RED. Data about social impacts, in particular in Africa, is often lacking, and is<br />

78

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