The Danish Energy Commission delivers its recommendations on future energy policy

The Danish Energy Commission has just delivered its report on the future energy policy of the country ("Energikommissionens anbefalinger til fremtidens energipolitik", April 2017).

The report comes with a series of recommendations which should enable the country to reach the long-term goal of becoming a low-emissions society based on renewable energy by 2050, with an intermediary 50% goal in 2030. The Commission received the mandate of looking at the measures necessary to be implemented in the period 2020-2030. It argues notably in favour of the following main points below. The summary is followed by a rapid assessment.


Publication: "Effectiveness in Climate Regulation: Simultaneous Application of a Carbon Tax and an Emissions Trading Scheme to the Offshore Petroleum Sector in Norway" (CCLR)

You can find below the reference to my latest publication

"Effectiveness in Climate Regulation: Simultaneous Application of a Carbon Tax and an Emissions Trading Scheme to the Offshore Petroleum Sector in Norway" C. Banet

in Carbon and Climate Law Review (2017) 11(1), pp.25-38


The present article discusses effectiveness in environmental regulation when two instruments, a carbon dioxide tax (CO2 tax) and an emissions trading scheme (ETS), are applied concomitantly to the same activity. The Norwegian regulation of the CO2 emissions from the upstream petroleum sector is taken as an example since it submits this sector to both the payment of a CO2 tax and the obligation to surrender emissions allowances under the EU ETS since Norway joined the scheme in 2008. The specific approach to this double regulation consists in adjusting the rate of the CO2 tax according to the price for the EU allowances in order to obtain an overall CO2 price. The article examines how the adjustment mechanism operates and which conclusions can we drawn in terms of effectiveness of climate regulation, ie at the level of the design, the implementation and the effects. Finally, it discusses the need for governments to use taxation as a supplementary tool to the EU ETS in a context of low allowances price. 


Planned German electricity capacity mechanism under EU scrutiny: European Commission opens in-depth investigation into German plans for capacity reserve

The European Commission has announced on 7 April 2017 that it has opened an in-depth investigation into the German plans to establish a capacity mechanism in the form of an electricity capacity reserve.
The investigation aims to establish whether the German proposal of an electricity capacity mechanism complies with EU state aid rules. Of particular relevance for the assessment are the Guidelines on State aid rules for energye and environmental protection (2014-2020) (so-called EEAG).
This in-depth investigation comes after the adoption, by the Commission of an EU Sector Inquiry, common assessment criteria in the EEAG and a series of decisions on capacity market mechanisms in several EU Member States (UK, France, Germany).


Central and Eastern European gas markets: the European Commission invites comments on Gazprom commitments

The European Commission has published a press release on 13 March 2017 inviting comments on the commitments submitted by Gazprom in the case opened in April 2015 and which relates to the alleged anti-competitive behaviours on the Central and Eastern European gas markets.


Energy and environmental priorities of the Maltese presidency of the Council of the EU

Malta has taken over the rotating presidency of the Council of the European Union (EU) for the next six months (1 January-30 June 2017). It is now time to take a look at its energy and environmental policy priorities, and what will be on its agenda until the summer.

The programme of the Maltese presidency is based on both joint and more singular interests. A new system has been established after the 2009 Lisbon Treaty to run the presidency work in groups of three Member States or "trios", covering a period of 18 months, complemented by a more detailed programme for the 6-month presidency of each Member State. This post reflects this dynamic, and starts with a rapid review of the Trio-programme, then a review of the Maltese presidency programme, before ending by a personal analysis .


Election time in France! "Présidentielles : les candidats pensent à l'écologie sans l'Europe" (Actu-Environnement)

Ci-dessous vous trouverez le lien vers une tribune commune dont je suis co-auteur et intitulée:

Cette tribune a été publiée sur le site Actu-Environnement.com et a pour but de rappeler les bases européennes du droit de l'environnement. C'est aussi un appel à une évocation juste et précise de ce droit dans la campagne présidentielle en cours à un moment où les candidats élaborent leurs programmes.

Bonne lecture!


28th European Energy Law Seminar, 23-24 January 2017, The Hague, The Netherlands

The 28th European Energy Law Seminar (EELS) is now opened for registration.

Registration website: http://www.never.nl/site/

Place: The seminar will find place at the hotel Hampshire Babylon, The Hague, The Netherlands.

Date: 23-24 January 2017

Organisers: The EELS-seminar is a Cooperation between the Dutch energy law Association, the Energy Law Centre of the University of Groningen and the Energy Law Department of the Scandinavian Institute of Maritime Law, University of Oslo.

On the programme: review of recent EU case Law, impacts of Brexit, winter package and electricity market design, cross-border infrastructures, future roles of DSOs and TSOs, capacity market mechanisms, renewable energy investments, recast of the renewable energy Directive, prosumers, security of gas supply, future role of gas.

We hope to see you there for once again some fruitful discussions around EU energy law topics with other European colleagues.

Do not hesitate to take contact if you have any questions (E-mail).