Sustainable Energy Law Notebook

On 12 May 2020, the European Commission has announced having approved the financial compensation envisaged by the government of the Netherlands in favour of the early closure of the Hemweg coal fired power plant . The compensation of EUR52.5 million has been deemed to be in line with the EU state aid rules , as the closure will contribute to reducing CO 2 emissions and there will not be undue distortion of competition in the EU single market, according to the Commission.  The full non-confidential version of the Commission decision is not yet available, by the related press release (IP/20/863) gives some interesting elements of the reasoning of the Commission. 

The European Commission has adopted today, 4 March 2020, a proposal for a regulation establishing the framework for achieving climate neutrality , also called European Climate Law . The proposal for a Regulation is available at the following address: https://ec.europa.eu/info/sites/info/files/commission-proposal-regulation-european-climate-law-march-2020_en.pdf A short commentary will soon be available.

The topic of this weekly podcast by Montel News is "On the road to climate neutrality" . I answered some questions on what is on the EU climate and energy agenda. Listen to the full podcast here: http://podcast.montelnews.com/257968/2859160-on-the-road-to-climate-neutrality Summary Ahead of the EC publication of its Climate Law next week, this week’s pod discusses the implications for Europe’s energy sector. Listen to a discussion on carbon border taxes, sector coupling, ETS reform and decarbonising gas. Host:  Richard Sverrisson, Editor-in-Chief Europe, Montel.  Guest:  Catherine Banet, Associate Professor in Energy Law, University of Oslo.  Produced by Anna Siwecka.

The XIIIth edition of the European Energy Law Report , edited by Martha M. Roggenkamp and Catherine Banet, has been published in January 2020 by Intersentia. The European Energy Law Reports are an initiative taken by the organisers of the European Energy Law Seminar which has been organised on an annual basis since 1989. The seminar is now taking place in January each year in The Hague. This volume includes chapters on "Newcomers in the Electricity Market: Aggregators and Storage", "Hydropower Concessions in the EU: A Need for Liberalisation or Privatisation?", "Investments and des-Investments in the Energy Sector", "Offshore Decommissioning in the North Sea", "CCS as a Climate Tool: North Sea Practice" and "From EU Climate Goals to National Climate Laws". Book website: https://intersentia.com/en/european-energy-law-report-xiii.html ISBN 9781780689500

Waiting for the announcement on 11 December 2019 of the concrete measures that the European Green Deal will cover, the European Commission has published on its website a list of policy areas which will be concerned. With the announced objective of "becoming the world's first climate-neutral continent" , the following areas of action will apparently be prioritised: adoption of a European climate law: it will set in law climate reduction targets in order for the EU to become climate-neutral by 2050; extension of the EU Emissions Trading Scheme to air transport and shipping; a "climate pact" which could relate to the development of carbon removal solutions (natural or technology-based) and the further development of "clean" energy sources; a mechanism of Carbon Border Tax; promoting circular economy approach and biodiversity; a just and socially fair transition; a necessary revision of related energy legislation to Ensure the...

Did you miss our seminar in Oslo on 14 November 2019 on the legal aspects of carbon capture and Storage (CCS) deployment? You can now watch it on line on Youtube  HERE . Topic : « Climate emergency & legal response: the role of law in CCS deployment. Regulatory incentives to enable carbon capture and storage (CCS) in Norway and Europe.»

The last pieces of legislation of the Clean Energy for All Europeans Package have been published in the Official Journal of the European Union of 14 June 2019. Those acts cover electricity market design, risk-preparedness and the EU Agency for the Cooperation of Energy Regulators (ACER): Directive (EU) 2019/944 of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU Regulation (EU) 2019/941 of 5 June 2019 on risk-preparedness in the electricity sector and repealing Directive 2005/89/EC Regulation (EU) 2019/942 of 5 June 2019 establishing a European Union Agency for the Cooperation of Energy Regulators Regulation (EU) 2019/943 of 5 June 2019 on the internal market for electricity .

The XIIth edition of the European Energy Law Report is now available! Reference : European Energy Law Report XII, M. Roggenkamp and C. Banet (eds.) , Intersentia, Nov. 2018 ISBN 9781780686721 Description : This volume includes Chapters on Developments in EU Energy Law , Renewable Energy: Cross-border Projects and Dispute Settlement , Capacity Reserve Mechanism , Prosumers , and New Developments in the European Gas Market . Publisher's website : https://intersentia.com/en/european-energy-law-report-xii.html  

On 22-23 January we co-organised the  29th European Energy Law Seminar (EELS) in The Hague (NL). I had the pleasure of presenting my views on "The French regime for hydropower concessions under EU scrutiny. Opening up to competition … or not." as part of the comparative session reviewing regimes in Norway, Italy, Portugal and France.     The proceedings from the conference will be published in the XIIIth edition of the European Energy Law Report at Intersentia . The XIth edition is currently available for purchase: http://intersentia.com/en/shop/academisch/european-energy-law-report-xi.html     More about the EELS :  http://www.jus.uio.no/nifs/english/research/events/2018/01-22-eels-den-haague.html http://www.never.nl/site/index.php/eels   The seminar is a collaboration between the Dutch Energy Law Association, the Center of Energy Law of the University of Groningen and the Scandinavian Instit...

Building on the presentations held at the annual  European Energy Law Seminar taking place every January in The Hague (NL), this book reviews central energy law issues from a national, EU and international perspective. A must have! C. Banet and M. Roggenkamp (eds.), European Energy Law Report XI (Intersentia, 2017) This volume includes chapters on “EU Energy and Climate Law – Policy and Jurisprudence”, “Energy and Climate Treaty Developments”, “Energy Infrastructure Developments: Offshore Electricity Systems and Network Investments”, “Heat Supply Legislation in the EU” and “Security of Energy Supply and Safety”. Reference : ISBN 9781780684697

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).

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 .  

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 .

Ci-dessous vous trouverez le lien vers une tribune commune dont je suis co-auteur et intitulée: " Présidentielles : les candidats pensent à l'écologie sans l'Europe ". 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! http://www.actu-environnement.com/ae/news/banet-gossement-greenwood-virvoulet-presidentielles-candidat-ecologie-europe-28122.php4

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. ...

30. november 2016 arrangerte NORWEA sin anerkjent  Høstkonferanse i Oslo, i samarbeid med Arntzen de Besche. Nedenfor følger en oppsummering av arrangementet: http://www.norwea.no/nyhetsarkiv/visning-nyheter/hoestkonferanse-2016.aspx?Action=1&M=NewsV2&PID=1145 Jeg hadde selv gleden av å presentere mine synspunkter om fremtiden for "Samarbeidsmekanismer og statsstøtte etter 2020 - Do's and don'ts." ---- On 30 November 2016, the Norwegian  Wind Power Association organised its renown Fall Conference. Hereafter follows a link to a summary of the event (in Norwegian): http://www.norwea.no/nyhetsarkiv/visning-nyheter/hoestkonferanse-2016.aspx?Action=1&M=NewsV2&PID=1145 Personnally, I had the pleasure to present views on the "Future of Cooperation mechanisms and state aid regime after 2020 - Do's and don'ts" . Picture: (c) Paal Frisvold

The European Commission has adopted and published, on 30 November 2016, one of the most comprehensive and voluminous legislative plackage ever, and definitely the master piece under the Energy Union Strategy . The so-called "Clean Energy for All Europeans"-package is available at the following webpage : https://ec.europa.eu/energy/en/news/commission-proposes-new-rules-consumer-centred-clean-energy-transition

The European Commission announced on 8 November that it has approved the national-wide capacity mechanism in France under the EU state aid rules . In its press release, the European Commission makes clear that, in order to adopt such a positive decision, France had to make some amendments to its scheme. Security of energy supply was also one of the main grounds for allowing the measure. The full text of the decision is not yet available, but the press release is available here

The 28th European Energy Law Seminar (EELS)  will be held in The Hague, The Netherlands, on 23-24 January 2017 . The Seminar is a unique opportunity to review the latest EU energy law developments including recent legislative proposals adopted by the European Commission and at the same time discuss in detail legal developments, case law and case practice in the field with colleagues from all over Europe. So, hold the date and see you in The Hague. On the programme: Energy Union and legislative initiatives, energy market design package, impact of Brexit, recent competition cases and EU case law, revision of the renewable energy directive, cross-border infrastructures permitting and financing, evolving roles for TSOs and DSOs, capacity reserve mechanisms, prosumers, and gas supply package. The full programme and registration details will be announced shortly on the NeVER website: http://www.never.nl The seminar is co-organised...

The research groups in Natural Resources Law  and  Companies, Markets, Society and the Environment of the Law Faculty of the University of Oslo have the pleasure of inviting to a seminar on circular economy, with discussion after the presentations. I will myself present views on the regulatory issues facing the circular economy, and look forward to the discussions. Time and place : Seminar: Circular economy May 3, 2016 12:00 PM - 04:30 PM , Kjerka, Domus Media west wing, Karl Johans gate 47, Oslo   Registration : http://www.jus.uio.no/english/research/areas/natural-resources/events/seminars/2016-05-03-circular-economy.html Programme :