Guardian aynı gün konuyla ilgili yayınladığı bir haberde şikayette bulunan Avrupa Biyodizel Kurulu'nun görüşlerine yer verdi. Buna göre 2005 yılından 7.000 tondan 2007'de 1.000.000 tona fırlayan ABD menşeli biyodizel ithalatı AB biyodizel üreticilerini ciddi sıkıntıya sokmuş, kapasite kullanım oranını % 50'lere düşürmüş durumda. Avrupa Biyodizel Kurulu özellikle ABD'nin verdiği ihracat sübvansiyonlarından şikayetçi.
Haberde Avrupa Komisyonu'nun bir yetkilisinin ABD'nin çok eleştirilen "splash and dash" sistemi, yani bazı Avrupalı tüccarların önce ABD'ye saf biyodizel ihraç edip bunu bir parça madeni yağla karıştırarak sübvansiyon aldıktan sonra ürünü geri ithal etmelerine neden olan düzenlemenin Kongre tarafından yakında çıkartılacak bir yasa ile yasaklanacağını dile getirdiği de belirtiliyor. Avrupa Biyodizel Kurulu'nun haklı olarak en çok şikayet ettiği konu bu düzenlemeydi.
Ancak Komisyon tarafından açılan sübvansiyona karşı soruşturma ABD'de federal düzey ve eyaletler düzeyinde verilen daha birçok sübvansiyonu kapsıyor. Bu durumda Komisyon'un dampinge karşı soruşturma ile "splash and dash" düzenlemesini hedeflediğini düşünmek mümkün.
Avrupalı biyodizel üreticilerinin durumu karşısında soruşturmaların önlemle kapanması muhakkak. ABD'nin tepkisi ise yumuşak olmayacak. Birleşik Devletler daha şimdiden AB standartlarını teknik engel olarak Dünya Ticaret Örgütü'ne götürmeyi planlıyor. Demek ki Komisyon'un kararları karşısında da yargı ve ihtilafların halline başvurmaları kuvvetle muhtemel.
Konuyla ilgili haber ve basın açıklamalarını da günlüğümüzde bulabilirsiniz.
15 Haziran 2008 Pazar
AB'nin ABD'ye Açtığı Biyodizel Soruşturmaları Hakkında Guardian'da Çıkan Haber Üzerine
13 Haziran 2008 Cuma
ABD Ulusal Biyodizel Kurulu'ndan AB'nin Biyodizelde ABD'ye Açtığı Soruşturmalara İlişkin Basın Açıklaması
Regarding Initiation of European Trade Complaints
“The allegations of harm leveled by the European biodiesel industry in these trade complaints are baseless. It is disingenuous and hypocritical that several of the European biodiesel companies that joined in the complaints are the very entities actively involved in the trade of U.S. biodiesel.
“The European biodiesel industry is not being harmed by U.S. competition. High feedstock costs, changes to EU member policies – and in some cases - poor business practices are the true issues facing European biodiesel producers. It is unfortunate that the European Biodiesel Board (EBB) has found it politically expedient to blame the U.S. biodiesel industry instead of focusing its efforts on the true challenges facing its membership.
“The EBB, despite the stated desire of the U.S. biodiesel industry to resolve this matter absent trade litigation, has chosen a protectionist ploy designed to block competition in the European market. The allegations made by the EBB are unfounded, and the NBB will not only vigorously defend the interests of the U.S. biodiesel industry, but will employ every tool available to challenge existing EU trade barriers that provide preferential treatment to European biodiesel producers.”
Biofuels Daily'den AB'nin Biyodizelde ABD'ye Açtığı Soruşturmalara İlişkin Haber
The European Commission has opened its probe into US biodiesel subsidies and accusations of dumping. “The EU will not tolerate unfair trade practices,” the European Commission said in a statement today. “We will leave no stone unturned in the investigations and will act in accordance with their findings.” The p[robe will make a finding with respect to “substantial adverse effects” on EU biodiesel producers as a result of US tax credits, grants to finance increased capacity and will also examining the effect of state development programs in Florida, Texas, Illinois and Iowa. The investigation stems from a protest lodged in April by the European Biodiesel Board.
EBB / US dumping dispute background
Earlier this month, the US House of Representatives passed HR 6049, the Energy and Tax Extenders Act of 2008, which extends the biodiesel blending credit of up to $1 per gallon through December 2009, while closing the “splash and dash” loophole that allows fuel from foreign countries to claim the credit for fuel shipped to other countries.
The European Commission’s chief US representative said that US taxpayers are “effectively subsidizing European motorists to the tune of around $300 million“, referring to “splash and dash” exports to Europe by US biodiesel producers picking up a $1 blending credit in the US. “You have to look for every market you can find,” the chairman of Western Iowa Energy told the Shreveport Times, while Bruce Babcock, an economist at Iowa State University, called splash-and-dash “kind of bizarre” and said it put upward pressure on soybean oil prices and hurt US taxpayers.
The European Biodiesel Board said that US exports of subsidized biodiesel threaten the existence of the global biodiesel industry. US exports surged to 80,000 tonnes per month last year from an average of 20,000 in 2006. The EBB has lodged an anti-dumping complaint with the European Commission. European mandates are expected to create a market of up to 28 million tonnes of biodiesel by 2020.
In response to EBB complaints, Manning Feraci, Vice President of Federal Affairs for the National Biodiesel Board (NBB), issued the following statement on behalf of the NBB:
• The U.S. and European biodiesel industries have a long-standing tradition of working together to promote the increased production and use of biofuels as a way to reduce petroleum consumption and address critical climate change issues. It is unfortunate that EBB is advocating a course of action that could hinder this progress, and in the interest of continued trans-Atlantic cooperation, we hope that cooler heads will prevail on this matter.
• The biodiesel industry both in the U.S. and in Europe is facing similar challenges. Dramatic increases in feedstock costs have created difficult market conditions for biodiesel producers. We believe that this, in tandem with policy changes in EU member states, are the main causes of the problems facing the European biodiesel industry.
• It is in the mutual interests of both the U.S. and European biodiesel industries to enhance global trade in biofuels. In fact, senior EU officials have publicly noted that if Europe is to meet its goal to increase biofuels use, the EU will have to import fuels such as biodiesel. U.S. produced biodiesel yields a 78% reduction in carbon lifecycle emissions and can play a constructive role in the global effort to reduce greenhouse gas emissions.
• The U.S. biodiesel industry remains open to working with our counterparts in Europe to not only promote trade in biofuels, but to stop unintended abuses of existing biofuels incentives. For example, the NBB has strongly denounced so-called “splash and dash” transactions where fuel produced outside the U.S. is transshipped through the U.S for the sole purpose of claiming the U.S. blenders excise tax credit before being sent for final use in Europe. We believe this practice may be more widespread than is being acknowledged by the EBB, and NBB is aggressively promoting efforts in Congress to end this practice. As has always been the case, we hope the EBB will recognize our genuine efforts to address this issue.
“Again, it remains the sincere desire of the NBB to constructively address these issues in a manner that does not harm the positive working relationship that has existed between the U.S. and European biodiesel industries.”
The National Biodiesel Board (NBB) maintains that no anti-dumping or anti-subsidy proceedings should be initiated under European Union (EU) law without sufficient evidence of dumping and subsidization causing actual material injury or threat of injury to the EU industry. No anti-dumping or anti-subsidy measures can be imposed unless these are in the broader Community Interests, including not only those of importers and users but also EU citizens at large. None of these conditions are met in the case of imports of US biodiesel into the EU.
Imports into the EU of US biodiesel have not caused material injury. Any difficulties that the EU biodiesel producers may have experienced are caused by other factors. In addition, 2008 and the following years will be critical in terms of the development of the biodiesel industry and the broader Community’s Interests. The important issues to be addressed in the year ahead must, therefore, be approached in a constructive and collaborative spirit. NBB refers in particular to the following:
• Factors other than imports explain the difficulties portrayed by EU biodiesel producers. These factors include capacity that is not being utilized because consumption targets established by the European Union are not being met. In addition, EU member states have rescinded favorable tax structures and other
incentives that encouraged production and use of biodiesel. Excess capacity in the EU biodiesel industry will be utilized as new consumption targets are implemented.
• While biodiesel producers around the globe currently face high feedstock prices, the EU biodiesel industry has been more affected by the trend, given its members’
reliance primarily on rapeseed and rapeseed oil. EU producers have been reported to face shortages of supply of rapeseed, and prices for rapeseed and rapeseed oil are consistently higher than for other inputs favored by producers elsewhere.
• Senior EU officials have readily acknowledged that going forward, biofuels will have to be imported if the European Union is to meet its ambitious goals in terms of biofuels use. Trade remedy investigations and the potential implementation of
punitive trade remedies would be directly contrary to this and would have a severely negative impact on the development of demand for biodiesel in the EU.
• The US biodiesel tax incentive can be claimed on both imports and exports.
Accordingly, it does not discriminate against EU biodiesel and is consistent with the United States’ WTO commitments. That being said, the US biodiesel industry has conveyed its willingness on multiple occasions to work with both the EBB and US government authorities to avoid potential abuses associated with the structure of the US biodiesel tax incentive.
Konuyla ilgili olarak bakınız: http://antidamping.blogspot.com/2008/06/abden-biyoyaktlarda-damping-ve.html.
Avrupa Komisyonu'nun Biyodizelde ABD'ye Açtığı Soruşturmalara İlişkin Basın Duyurusu
Brussels, 13 June 2008
The EU has today initiated anti-subsidy and anti-dumping investigations into imports of biodiesel from the United States. Examination by the European Commission of complaints lodged by European industry found that an investigation was warranted – sufficient evidence was provided of subsidies to the US biodiesel sector, as well as dumping of biodiesel in the European market. The complainant has argued that this has had an adverse effect on the European biodiesel industry. A detailed investigation by the Commission will now determine whether measures are justified under EU trade rules.
EU Spokesperson for Trade Peter Power said: "We have always said that the EU will not tolerate unfair trade practices, and will pursue vigorously any well founded complaint. The Commission will leave no stone unturned in these investigations and will act in accordance with the findings."
Anti-subsidy and anti-dumping complaints concerning imports of biodiesel from the USA were lodged with the Commission on 29 April 2008. The complaints were lodged by the European Biodiesel Board, which represents the interests of a major proportion of EU producers of biodiesel. Having examined the complaints, the Commission is satisfied that they fulfil the requirements of the EU's basic anti-subsidy and anti-dumping regulations in order to initiate further proceedings.
With regard to the anti-subsidy complaint, the complainant has provided sufficient evidence of subsidies to the biodiesel sector in the USA. These subsidies would include federal excise and income tax credits as well as a federal programme of grants to finance increased production capacity. Various subsidy programmes would also exist at state level. In regard to the anti-dumping complaint, the complainant has provided sufficient evidence of dumping of biodiesel on the EU market.
The effect of the subsidisation and dumping is, according to the complainant, a deterioration in the prices charged and market share held by the Community industry, which has led to substantial adverse effects on the overall performance and the financial situation of the industry.
The Commission will now investigate the allegations in the complaints. The Commission will make its provisional findings by 13 March 2009 at the latest which it will then present to EU member states. If measures are considered justified these would be in the form of specific duties on the product in question, called 'countervailing duties' in the case of subsidies, and 'anti-dumping duties' in the case of dumping of the product in question.
The initiation of the current proceedings is not linked to the EU's broader environmental policies in the area of biofuels.
Background
Imports of biodiesel into the EU market come mainly from the United States, with other imports accounting for a minor share of the market. Imports of biodiesel from the US have increased from about 7000 tonnes in 2005 to about 1 million tonnes in 2007.
Anti-subsidy and anti-dumping proceedings are a normal part of trade policy to ensure free and fair trade. For more information on the rules and procedures in anti-dumping and anti-subsidy investigations, please see: http://ec.europa.eu/trade/issues/respectrules/index_en.htm
For more information on EU Trade policy see: http://ec.europa.eu/trade/
Avrupa Biyodizel Kurulu'nun AB'nin ABD'ye Açtığı Soruşturmalara İlişkin Basın Duyurusu
PRESS RELEASE
EBB welcomes the Commission decision to initiate an investigation into subsidised US biodiesel
The European Biodiesel Board (EBB), representing the major industry producing biofuels in the EU, welcomes today’s announcement by the European Commission to initiate a joint anti-subsidy and anti-dumping investigation on imports of subsidised “B99” biodiesel originating from the United States of America. This decision follows the lodging of two complaints by EBB last April 29th, where the EU biodiesel industry has provided comprehensive evidences of the injury caused by B99 imports to EU producers.
The Commission decision to proceed with an investigation on the “B99” case comes as an encouraging move for our industry. This is an important political signal from EU authorities in favour of a fair international trade of biofuels and it is crucial that this will lead to the timely imposition of countervailing measures against US biodiesel imports to the EU.
In the framework of the US Federal measures adopted in 2004, biodiesel can be subsidised up to $264 per m3 (300 USD/tonne, approximately €200/tonne) only by adding a “drop” of mineral diesel to biodiesel. US producers can therefore claim the maximum subsidy for a “B99,9” blend. Such a blend can then be exported to Europe where it is eligible to European subsidy schemes. Since the benefit of the blender credit is not restricted to biodiesel produced and consumed on the US territory, the 2004 support provisions resulted in a surge of B99 exports to the EU.
Konuyla ilgili olarak bakınız: http://antidamping.blogspot.com/2008/06/abden-biyoyaktlarda-damping-ve.html.
AB'den ABD'ye Biyodizelde Damping ve Sübvansiyon Soruşturmaları
Avrupa Birliği (AB), 13 Haziran 2008 tarihli Avrupa Birliği Resmi Gazetesi'nde (2008/C 147/5 ve 10) yayınlanan duyurular ile Amerika Birleşik Devletleri (ABD) menşeli biyodizel ithalatlarına ilişkin olarak dampinge ve sübvansiyona karşı soruşturmalar başlattı. Şikayet konusu ürünler fosil bazlı olmayan, saf veya paçal halinde ve esas olarak yenilebilir yakıt olarak kullanılan sentez ve/veya hidroişleme aracılığıyla elde edilen yağ asidi monoalkil esterleri ve/veya parafinik gaz yağları.
Sübvansiyon iddiaları ABD'de hem federal düzeyde hem de eyalet düzeyinde verilen muhtelif yardımları kapsıyor. Soruşturmaya tabi federal programlar biyodizellere yönelik dizel yakıt özel tüketim vergisi kredisi ve gelir vergisi kredileri ile Birleşik Devletler Tarım Bakanlığı biyoenerji programı. Eyalet düzeyinde ise yaklaşık yirmi program var Avrupa Komisyonu'nun hedefinde.
Soruşturmalar Avrupa Biyodizel Kurulu'nun 29 Nisan'da başvurular üzerine açılmış durumda. Kurul'un iddialarını İngiltere'nin saygın gazetelerinden Guardian'da 26 Mayıs 2008 tarihinde yayınlanan haber üzerine ele almıştık (http://antidamping.blogspot.com/2008/06/guardian-ab-biyoyaktlarda-abdye-sava.html).
İlgili tarafların soru formu talep etmek için 15 günlük süresi, kendilerini beyan etmek, soru formlarına yanıtlarını ve diğer bilgileri vermek için 40 günlük süresi var. Soruşturma 15 ay içerisinde tamamlanacak.