The National Biodiesel Board (NBB) filed comments this week with the European Commission, challenging unfair trade duties that have blocked U.S. biodiesel from being exported to Europe since 2009.

In the filing, NBB urged the commission to allow duties on U.S. biodiesel to expire this year as scheduled, citing overwhelming evidence that global trade for biodiesel has changed dramatically since the duties were imposed and that continuing the duties is protectionist and unnecessary. The original biodiesel trade duties were imposed by the European Commission on July 7, 2009 and were slated to expire this year. However, the Commission is currently conducting an “expiry review” over whether to reinstate. NBB’s comments came in response to a request by the European Biodiesel Board in July to reinstate the duties for another five years. The review process is expected to take 12-15 months, and the Commission could decide to continue the duties or remove them in total or in part.

NBB also emphasized that European biodiesel producers are able to sell biodiesel in both Europe and the United States without duties or limitation and can freely participate in U.S. policies such as the Renewable Fuel Standard and the U.S. biodiesel tax incentive. At the least, NBB said, U.S. producers should be able to participate in the European market without having to pay punitive duties

“We have presented  a strong case for ending these protectionist barriers that are unfairly hurting U.S. biodiesel producers even as European producers are taking advantage of the U.S. market. As we speak, European biodiesel producers are sending biodiesel to the U.S., with significant policy support, while at the same time the European market has been cut off from U.S. producers,” said NBB Vice President of Federal Affairs Anne Steckel in a news release. “The bottom line is that biodiesel trade is dramatically different in 2014 than it was in 2009 when the U.S. industry was just getting off the ground. Eliminating these duties will level the playing field and allow U.S. producers to fairly compete in accordance with international law – just as we are allowing European producers to do in the U.S. market.”