Biofuels: crime against humanity!?
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- Bruce Beasley
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1 Biofuels: crime against humanity!? Trade and sustainability issues Sadeq Z. Bigdeli World Trade Institute, Berne Model WTO 2008, University of St. Gallen 1
2 Outline What are biofuels? Why biofuels? Tariff barriers to trade in biofuels Non-tariff barriers to trade in biofuels 2
3 What are biofuels? Alles Klar? biofuels are only one form of bioenergy; but the only one which is used for transportation. Bio-ethanol and bio-diesel are the main liquid biofuels First-generation biofuels (which uses agricultural food or feed crops for feedstock) are as old as the car engine itself Rudolf Diesel used peanut oil in his first exhibition in Paris! 3
4 Second generation: a different story? Second-generation fuels are made from ligno-cellulosic biomass feedstock using advanced technical processes" (FAO) Food v. fuel competition for land could turn into crop-energy complementarities. Take note of technological advancements especially in biotech! 4
5 Ethanol production Source (Renewable Fuels Association) Billion Gallons
6 Bio-diesel production Source: National Bio-diesel Board Million Gallons
7 Trade in biofuels Trade in biofuels and feedstock for biofuels is certainly expanding; however keeping track of trade flows is difficult due to classification problems 7
8 Exporters and importers of ethanol Main exporters in 2005: Brazil, EU, US, South Africa, China, Saudi Arabia (fossil fuel-derived ethanol), Costa Rica and Jamaica Main Importers in 2005: EU, US, Latin America, Japan, India, Korea and Nigeria (Source: Motaal 2008) 8
9 Why trade in biofuels? Main policy objectives: Energy Security Climate Change Rural development/ farm lobbies 9
10 Reality check No.1: energy security Key: energy security is not self-sufficiency only a small role in volumetric terms in replacing petroleum fuels in transportation which could only moderate the growth in demand for those fuels. (World Bank Group) Yet an IEA study sees energy security benefits in trade in biofuels! 10
11 Reality check No.2: GHG benefits Key: always consider life-cycle emissions IPCC (2007): Brazil: positive environmental benefits! Brazilians are efficient at farming and processing sugar and they burn the remaining fibrous material from the sugarcane (bagasse) to process the plant. In contract, the GHG benefits of the corn-based ethanol, prevalent in the US, range from a net loss to gains about 30% relative to gasoline made from conventional oil. This is due to extensive use of fertilizers (gas-intensive) in corn production, electricity used in processing plants (could be coal-fired) and gasoline used in transportation. 11
12 Reality check No.3: farm lobbies The role of agricultural policies and rural development as a driving force behind promoting biofuels is clearly recognized by politicians in both the EU and the US. In Brazil, it is argued that the establishment of Proálcool in 1975 aimed to address sugar industry overcapacity more rather than a reaction to the energy crisis. (World Bank Group) 12
13 Seeing benefits and costs in one picture (IEA) Caveat 1: GHG emissions reduction is not always the case Caveat 2: Water-intensity is a big issue for many biofuels 13
14 Tariff barriers to trade in biofuels U.S. tariff of 2.5% plus 54 cents per gallon Brazil and Argentina 20% tariff European Union 87 cents per gallon tariff Canada 19 cents per gallon tariff Thailand 30% tariff India 186% tariff Source: Iowa State University 14
15 Classification issue Biodiesel: under Chapter 38 In the HS system. the WCO Explanatory Notes refers to its composition, production process and end-use as a fuel for diesel engines. Bioethanol: not specifically referred to in the HS system! mainly denatured alcohol (HS ) according to EPA which includes all other usages. 15
16 Non-tariff barriers Subsidies (including tax exemption) and mandatory targets Standards: biofuels certification and sustainability criteria 16
17 Biofuel subsidies in the WTO Inconsistency in biofuels classification and implications for subsidy disciplines Biodiesel s classification under HS Chapter 38: WCO s Explanatory Note Clearly an industrial good to which ASCM applies Bio-ethanol under Chapter 22 => Covered by AoA => subsidies to the ethanol sector as such would be treated as Ag subsidies! 17
18 Fuel Ethanol and the AoA: A Subsidy Discipline Analysis Two separate issues: Ethanol subsidies as such included in the Aggregated Measure of Support? Domestic support are measures in total as opposed to export subsidies where are measures on a product-by-product basis. Ag subsidies related to biofuel production Legally more controversial Domestic Support Trade distortive Reduce distortion Zero/minimal dist. 18
19 Question Do you see any Green box opportunities for ethanol as such? 19
20 Farm subsidies to produce feedstock as an input to biofuels production (both ethanol & Biodiesel) Para 10: support provided to farmers to retire land from marketable agricultural products for a minimum of three years with certain conditions are exempt from reduction commitments. It could only be used for producing second generation feedstock which are not marketable agricultural products. But aren t they??? 20
21 ASCM applicability ASCM applicability to green box measures after the expiry of the peace clause implies that all Green box measures should be design in a nontrade distortive manner. 21
22 An overview of the ASCM Financial Contribution by a government or Income or price support (in the sense of GATT Art. XVI) and Benefit is a Subsidy Article 1 Prohibited Subsidies Part II Subsidies contingent on export performance Subsidies contingent on import-substitution Adverse Effects (Art. 5) Specificity Art. 2 Banned! Actionable Subsidies Part III&V other 22
23 Biofuels certification With the mushrooming expansion of national and regional, public and private certification schemes, standards will soon be the main non-tariff barrier against imported biofuels! 23
24 Sustainability criteria: 'Green imperialism'? What do you think should be included in sustainability criteria for biofuels certification? Minimum GHG reduction? Land use change? Biodiversity? Food security? Water security? Socio-economic concerns (Human Rights, rural development)? 24
25 Thank you for your attention! 25
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