Key data
| Regulation | Commission Implementing Regulation (EU) 2026/702 of 23 March 2026 |
|---|---|
| Publication | 24 March 2026 |
| Entry into force | 23 March 2026 |
| Affected parties | Importers and distributors of US biodiesel in the EU, energy sector, transport sector and European biodiesel producers |
| Category | European Regulation |
| Amended regulations | Implementing Regulation (EU) 2021/1266 (anti-dumping duty) and Implementing Regulation (EU) 2021/1267 (countervailing duties) |
| Anti-dumping legal basis | Article 11(2) of Regulation (EU) 2016/1036 |
| Countervailing legal basis | Article 18 of Regulation (EU) 2016/1037 |
Importers of biodiesel originating from the US into the European Union must continue to bear additional tariff duties following the entry into force of Implementing Regulation (EU) 2026/702 on 23 March 2026. The European Commission has decided to maintain trade defence measures after reviewing whether they remained necessary, concluding that their removal could reactivate the dumping and subsidies that harm European producers.
This decision is not new: the duties have been in force since 2021, but their continuation was not automatic. Regulations require periodic review of whether the conditions that justified the tariffs still exist. The expiry review has confirmed that they do, and the measures are extended.
What does this regulation establish?
Regulation (EU) 2026/702 amends two earlier regulations that established trade defence measures on US biodiesel:
| Amended regulation | Type of measure | Legal basis |
|---|---|---|
| Implementing Regulation (EU) 2021/1266 | Definitive anti-dumping duty | Art. 11(2) of Regulation (EU) 2016/1036 |
| Implementing Regulation (EU) 2021/1267 | Definitive countervailing duties | Art. 18 of Regulation (EU) 2016/1037 |
The anti-dumping duty addresses the practice of exporting biodiesel at prices below its production cost or the selling price in the country of origin, with the aim of artificially gaining market share in the EU. The countervailing duty offsets the subsidies that the US government grants to its biodiesel producers, enabling them to sell more cheaply than would be possible under free market conditions.
Both measures are reviewed periodically. When they are approaching expiry, the Commission opens an investigation to determine whether their removal would cause the recurrence of dumping or subsidies. In this case, the conclusion has been that the measures must be maintained.
Economic and operational impact
The maintenance of these tariffs has direct and opposing consequences depending on which side of the supply chain each company is on:
For importers and distributors of US biodiesel: the additional tariff duties increase the cost of the product at the point of importation. This additional cost may be absorbed into the commercial margin or passed on to the final price of the fuel. In markets with tight margins, such as transport, this impact can be significant.
For companies in the energy and transport sectors that use biodiesel as fuel: if their supplier imports from the US, the purchase price may be affected upwards. The magnitude depends on whether the supplier passes on the tariff cost or partially absorbs it.
For European biodiesel producers: the continuation of the tariffs is a direct competitive advantage. Without these measures, American biodiesel could enter the European market at prices with which local production could not compete. The maintenance of the duties preserves their market position.
Who is affected?
- Importers of biodiesel originating from the US into the European Union: they must continue to settle anti-dumping and countervailing duties at customs.
- Biodiesel distributors operating with product of US origin: the tariff surcharge affects their pricing structure.
- Companies in the energy sector that use American biodiesel as a raw material or fuel in their operations.
- Companies in the transport sector that consume biodiesel and whose supplier imports from the US: they may see the tariff cost reflected in the price of fuel.
- European biodiesel producers: they benefit from protection against unfair competition, maintaining more equitable market conditions.
Practical example
A fuel distribution company in Spain that imports biodiesel directly from a US producer must settle at customs both the anti-dumping duty and the countervailing duty on each imported consignment, as established by Regulations (EU) 2021/1266 and 2021/1267 as amended by Regulation (EU) 2026/702.
If this company had planned its cost structure assuming that the tariffs might expire in 2026 following the review, it must update its forecasts: the measures remain in force. This means that the cost price of American biodiesel continues to be higher than it would be without tariffs, which may make European suppliers or those from other origins not subject to these measures more competitive.
On the other hand, a road transport company that purchases biodiesel from a Spanish distributor who in turn imports from the US may see this additional cost reflected in the fuel price invoiced by its supplier, depending on how the supplier manages its margin.
What should companies do now?
- Review the origin of the biodiesel you import or purchase: if your supply chain includes biodiesel originating from the US, anti-dumping and countervailing duties continue to apply. Confirm with your supplier or customs agent.
- Update your cost structure: if you had considered the possible expiry of the tariffs in 2026 as a favourable scenario, discard it. The measures remain in force from 23 March 2026.
- Evaluate alternative sourcing options: analyse whether European biodiesel suppliers or those from other origins not subject to these measures can offer more competitive terms in the new scenario.
- Review contracts with customers and suppliers: if you have biodiesel or fuel supply contracts with price clauses linked to import costs, verify whether the maintenance of the tariffs triggers any review clause.
- Consult a foreign trade specialist: the correct tariff classification and settlement of anti-dumping and countervailing duties require precision. A customs error can generate additional costs and delays.
Frequently asked questions
What tariffs apply to biodiesel imported from the US in 2026?
Implementing Regulation (EU) 2026/702 maintains the definitive anti-dumping duties and definitive countervailing duties on biodiesel originating from the US, originally established by Regulations (EU) 2021/1266 and 2021/1267 respectively. Both types of duties remain in force following the expiry review.
When did the new tariffs on American biodiesel enter into force?
Regulation (EU) 2026/702 entered into force on 23 March 2026 and was published in the Official Journal of the EU on 24 March 2026.
Which companies are affected by these anti-dumping tariffs on biodiesel?
They directly affect importers and distributors of biodiesel in the EU that purchase product originating from the US, as well as companies in the energy and transport sectors that use this fuel. European biodiesel producers benefit from protection against unfair US competition.
Which earlier regulations does Regulation 2026/702 amend?
Regulation (EU) 2026/702 amends Implementing Regulation (EU) 2021/1266, which established the definitive anti-dumping duty, and Implementing Regulation (EU) 2021/1267, which established the definitive countervailing duties, both on imports of biodiesel originating from the US.
What happens if a company imports biodiesel from the US without taking these tariffs into account?
The importing company will have to bear the additional costs from the applicable tariff duties, which may directly impact the final price of the fuel and reduce margins if this has not been factored into the cost structure.
Official source
View full regulation at official source
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, please consult a qualified professional. Source: https://eur-lex.europa.eu/./legal-content/AUTO/?uri=CELEX:32026R0702