Virtual Legal


 RES Directive (2009/28/EC) and target achievement 
What sanctions are available for Member States which fail to achieve their 2020 target?

The Renewable Energy Directive, Directive 2009/28/EC, provides for an overall EU-wide renewable
energy target of at least 20% to be achieved by 2020, as well as for national targets for each
of the Member States. Those targets are binding, in the sense that they create concrete obligations
on the Member States which they have to comply with. [...]

How to calculate the fines the EU Member States may face in case of infringement of EU law

Each Member State is responsible for the implementation of European Union (EU) law within its own legal system. The European Commission (the Commission) is responsible for ensuring that EU law is correctly applied. In a situation where the Commission considers that a Member State failed to comply with EU law, it has certain powers to try to bring the infringement to an end. Thus, it can start an infringement procedure aiming at making the Member State comply voluntarily with the requirements of the Treaty on the Functioning of the European Union (the Treaty). Besides that, it has the power to refer the case to the European Court of Justice (the ECJ). However, around 95% of infringement cases are resolved before they reach the Court.

European legislation on Biofuels – the discussion on ILUC

1.              Background

Fuels can be produced from several different resources. But fuel does not equal fuel in terms of greenhouse gas emissions. For this reason the Commission has set two goals regarding greenhouse gas emissions in the transport sector: First, as greenhouse gas emission neutral energy sources, renewable energy in the transport sector should amount to 10% by 2020.[1] Second, overall the transport sector should reduce greenhouse gas emissions by 6%,[2] wherefore, again, as being greenhouse gas emission neutral fuels from renewable energy sources biofuels are good means to achieve these goals.


[1]Directive 2009/28/EC Article 3(4)

[2] Directive 2009/30/EC Article 7(a) 


[1]Directive 2009/28/EC Article 3(4)

[2] Directive 2009/30/EC Article 7(a) 

[3] Directive 2009/28/EC