Presentation on the regulation of circular economy at the Norwegian Steel Association Day

On 19 November 2015 I had the pleasure to present my views on the manner to regulate the circular economy and EU initiatives taken in the domain so far at the annual meeting of the Norwegian Steel Association.


The European Commission opens two in-depth state aids investigations against France: national capacity mechanism and technology specific tender procedure (gas)

The European Commission has announced on 13 November 2015 the opening of two in-depth investigations to assess the conformity of two measures adopted by the French government under EU state aid rules, namely: the forthcoming national capacity mechanism, and a specific tender procedure for the construction of a gas-fired power plant in Brittany.


Speaking at Fall Conference of the Norwegian Wind Energy Association (Norwea, 25.11.2015)

The Norwegian Wind Energy Association (Norwea) is organising, together with the law firm Arntzen de Besche, its yearly fall conference on 25 November 2015. 

The topic is "From Sweden and the EU to Norwegian wind energy policy"

I am glad to hold a presentation on the possible effects of the new 2030 energy and climate targets for Norway and their legal force.

Conference: "Fra Sverige og EU til norsk vindkraftpolitikk", Norweas høst konferanse

Time and place: 25 November 2015, 12.00-16.30, Bygdøy allé 2, 0257 Oslo

Programme: http://www.norwea.no/nyhetsarkiv/visning-nyheter/«fra-sverige-og-eu-til-norsk-vindkraftpolitikk»-programmet-for-hoestkonferansen-er-klart.aspx?Action=1&M=NewsV2&PID=1145 


Capacity mechanism in France: Council of State requests a preliminary ruling on its conformity to EU free movement rules

Following its decision of 9 October 2015, the French Council of State (Conseil d'Etat) has lodged on 19 October a request for preliminary ruling to the Court of Justice of the European Union (EU) concerning the conformity of the French capacity market mechanism to primary EU law, and in particular Article 34 and 36 of the Treaty on the Functioning of the EU (TFEU) on free movement rules. The question referred to the Court will be a new opportunity for the latter to pronounce itself on restrictions to the free movement of goods based on nationality for the purpose of security of energy supply. Parallels can be drawn with the 2014 decision of the Court in the Ålands Vindkraft case in relation to another certificates market (the French scheme being by design a trading scheme) - although based on another justification ground, i.e. environmental protection - (see my comment here) and to refresh its case law in Campus Oil decision related to public security and security of energy supply (Case 72/83). 


Report on Vattenfall governance and the energy transition (Swedish National Audit Office)

The Swedish National Audit Office (Riksrevisionen) has just published a report on how Vattenfall performs in the energy transition. More precisely, the report looks at the role played by the Swedish state in terms of governance and concludes that "the government has not been sufficiently proactive in its governance of the company and has not followed up emission reductions."

Full report in Swedish available here.

And English summary here.


"Vattenfall - konkurrenskraftigt och ledande i energiomställningen?" (RiR 2015:6)
"Vattenfall - a competitive leader in energy transition?" (RiR 2015:6)


Save the date: 27th European Energy Law Seminar, The Hague, 25-26 January 2016

The 27th European Energy Law Seminar is organised on 25-26 January 2016 in The Hague, The Netherlands (hotel Hilton).

On the programme: Energy Union, protection of investments in energy infrastructures, latest EU case law, recent competition cases, offshore electricity grid, EU LNG strategy, smart metering, energy storage, heat supply, internal energy market, tariff codes, offshore safety regulation, electricity storage, transparency in supply contracts, retail energy markets.

Full programme and registration details will be published shortly on the Dutch Energy Law Association NeVER website: http://www.never.nl

Further information: NeVER secretariat secretariaat@never.nl or University of Oslo catherine.banet@jus.uio.no

Organisation committee institutions: NeVER; University of Groningen, Centre of Energy Law; University of Oslo, Petroleum and Energy Law Department of the Scandinavian Institute of Maritime Law


Speaking at the Third European Environmental Law Forum Conference (2-3 September, France)

The European Environmental Law Forum (EELF) holds its third annual conference in Aix-en-Provence, France on 2-3 September. The topic of the conference is: Effectiveness in Environmental Law.

I will be presenting a paper on "Double burden in environmental regulation: the simultaneous application of a carbon tax and an emissions trading scheme to the offshore petroleum sector in Norway." The presentation will be subject to a publication later this year. 

The general programme of the conference can be accessed here.


New publication: "Coexistence and interaction between offshore petroleum activities and the surrounding physical environment"

My latest article has been released as book chapter in SIMPLY 2014 - Scandinanvian Institute of Maritime Law. Below follow the full references:

Catherine Banet, "Coexistence and interaction between offshore petroleum activities and the surrounding physical environment: area use and emissions regulation"

in SIMPLY 2014, ISSN 0332-7868, pp.257-286


"The purpose of this article is to examine the manner in which offshore petroleum activities are regulated, with respect to their interaction with the surrounding environment, at two stages before petroleum products are transported and transformed to reach the market. First, it examines how the different economic, social and environmental interests related to the use of relevant sea areas are weighted against each other at the stage of opening areas for petroleum exploration. Second, it reviews the regulation of emissions from offshore petroleum activities into the environment during the production phase."

More on SIMPLY Yearbook and how to order the book here.