The EU Directive on Renewable Sources and WTO: Towards a solution of the PPMs and extraterritoriality issues? – Elisa Ruozzi

The article analyses the relationship and the potential conflicts between EU Directive 28/2011 – imposing,  among other things, sustainability requirements on biofuels – and the WTO system. If on one side the fight  against climate change inspiring the Directive is coherent with the objective of sustainable development embodied in the WTO Agreement, on the other the Directive can be considered as violating WTO rules, as it constitutes a de facto ban on certain products. In this framework, possible options in order to justify the potentially restrictive impact of the measure are explored, on the basis of GATT/WTO jurisprudence relating to extraterritorial measures and process and productions methods.