Sustainable Energy Law Notebook

Velkommen til seminar om energimarkedet i EØS-området . Hva betyr de pågående endringene i EU-regelverket for Norge? Gjennom EØS-avtalen er Norge godt integrert i det europeiske energimarkedet. Som et resultat av Energiunionen og EUs klima- og energimål, oppdateres nå regelverket for energimarkedet. Det betyr både nye muligheter og nye utfordringer for Norge. Dette årlige seminaret tar for seg de rettspolitiske sidene av utviklingen gjennom foredrag fra akademia, forvaltning og næringsliv. På programmet: Ny politikk og regulering av energimarkedet i EØS-området, Art. 194 TFEU, capacity markets, state aids in the energy sector. Tid og sted :  26. april 2016, 09:30 -  , Det norske videnskapsakademi, Drammensveien 78, 0271 OSLO

In a recent decision adopted by the Council on 2 March 2015 , the United Kingdom has been authorised to apply reduced levels of taxation on gas oil and unleaded petrol which are supplied as motor fuel to road vehicles .   The measure, proposed by the UK, examined by the European Commission and backed by the Council, aims to restore the balance for local fuels consumers faced with higher prices than the rest of the UK consumers . As explained in the decision, " the price difference is due to additional per unit costs induced by the geographic location of those areas, their low population numbers and the delivery of relatively low volumes of fuel ."   This decision is taken in accordance with the provisions of Article 19 of Directive 2003/96/EC on the taxation of energy products and electricity . Under that provision, certain criteria for the granting of exemption are set, such as conformity with the functioning of the internal market, the need to ensure fair comp...

  "Etter flere måneder med mye spekulasjoner, avveininger og forhandlinger la endelig EU-kommisjonen frem sin rammestrategi om energiunion 25. februar 2015. Mange forventet et visjonært verk. Det endte med en pragmatisk tiltakspakke som nå utgjør Kommisjonens arbeidsprogram for de fem neste årene. Selv om EØS/EFTA-landene ikke er omfattet av EUs felles energi- og klimapolitikk som sådan, er realiteten at den nye strategien er av stor betydning for Norge." Les hele min kommentar på Energi og Klima Nettmagasinet HER .

  The Transport, Telecommunications and Energy (TTE) Council met on 9 December 2014 to discuss energy issues. The following matters were on the agenda: policy debate on the follow-up to the 2030 climate and energy framework completion of the internal energy market policy debate on the mid-term review of the Europe 2020 strategy recent developments in the field of external energy relations , including with the US, Ukrain, Energy Community, Energy Charter Treaty, Mediteranean countries (among others). indirect land-use change for biofuels (adoption of position at first reading on draft Directive on ILUC)   The two first points are reviewed below.

" La boucle est bouclée " one can say, at least for the moment. The Court of Justice of the European Union has delivered on 11 September 2014 its judgment in the joined Cases C-204/12 to C-208/12 involving Essent Belgium NV . The case is a reference for preliminary ruling from a Belgium first instance Court to the Court of Justice. It involves questions on the free movement of goods (electricity) , the existence of barriers to that free movement due to territorial restrictions (only regional generation qualifies to support), and interaction between green certificates and guarantees of origin under that support scheme.

The difference in tax regime for electricity generation between Norway and Sweden has been heavily discussed the last few years, and in particular after the start of the joint green certificates market in January 2012. A new legal argument is now supporting the idea of a rapid review of the Swedish regime, based on a survey ordered by industry associations. The Swedish tax exemption regime for self-produced wind power A legal note ordered by the Swedish District Heating Association and Energy Norway (Energi Norge) concludes that the current tax exemption regime applicable in Sweden to self-generated wind power is in breach with EU state aid rules.

I published a detailed comment on the Åland Vindkraft decision of the EU Court of Justice (C-573/12) for ECOHZ . Read the full article on ECOHZ website here . " The EU Court of Justice rules in favour of Sweden in the Åland Vindkraft case: no mandatory opening of national support schemes for the time being. Read Catherine Banet's comment on the EU Court of Justice decision. In a landmark decision delivered on 1 July, the Court of Justice of the European Union deems the Swedish green certificates scheme conform to EU law. It confirms that, based on the Renewable Energy Directive 2009/28/EC and the Treaties, national governments can continue restricting access to their support schemes to renewable electricity generated on their territory. ... " 

  The Norwegian business newspaper Dagens Næringsliv ( www.dn.no ) asked for my first reaction after the release of the European Court of Justice decision in the Åland Vindkraft case on 1 July 2014 (see previous post).   Read the interview here .   Reference: " Kan puste lettet ut ", Dagens Næringsliv, 2 July 2014.

The Court of Justice of the European Union has delivered on 1 July 2014 its decision in the Åland Vindkraft Case (C-573/12) . The Court rules in favour of Sweden , and deems the Swedish national support scheme, a green certificates scheme, conform to EU law, although it constitutes a measure having equivalent effect to a quantitative restriction. Because the measure aims to promote renewable energy sources and act on greenhouse gases emissions that the EU and its Member States are internationally committed to reduce, the Court confirms that Member States can maintain territorial restrictions to access their national support schemes as long as the measure is proportional.   For a background of the case, see previous post here ( Eligibility of Foreign Produced Renewable Electricity to National Support Scheme: Advocate General Deems a Provision of the Renewables Directive Invalid (Preliminary Ruling) )   The full text of judgement is available on Curia he...

The newly adopted Guidelines on state aid for environmental protection and energy (2014-2020) have now been published in the Official Journal of the European Union (OJEU) of 28 June 2014, C/200, p.1.   Access the full document here .

The World Trade Organization (WTO) has now published a press release confirming the request for consultations put forward by Russia before the Organization as regards the EU Third Energy Package (see previous post ).

    Read my comment on the recent state aid practice of the European Commission in the energy sector in Montel article "State-aid rules to give Brussels new muscles" . Available on http://www.montel.no/  (only for Montel subscribers for the moment).

The European Commission made public yesterday its antitrust decision in two cases involving European power exchanges . The first decision is adopted against two of the major spot power exchanges in Europe: Nord Pool Spot (Norway) and EPEX Spot (EPEX, France) . The two exchanges have been fined € 5 979 000 in total (€ 2 328 000 for Nord Pool Spot, € 3 651 000 for EPEX) for having agreed not to compete with one another for their spot electricity trading services in the European Economic Area (EEA) in the period 2011-2012 in the relation to the establishment of a joint IT system platform for cross border trading . The second decision concerns the Romaninan Power Exchange OPCOM which has been fine € 1 million for abusing its dominant position in the Romaninan market by putting extra-barriers for foreign traders for entering the market. ons in

Advocate General Yves Bot delivered on 28 January 2014 his conclusions in case Ålands Vindkraft AC vs. Energimyndighten  ( Case C-573/12 ). The conclusions are clearly in favour of the removal of barriers to the eligibility of foreign produced electricity to national support scheme for renewables , as this is currently  backed in Directive 2009/28/EC on the promotion of the use of energy from renewable sources (RES Directive).  

As expected (see previous post ), the European Commission has concluded its assessment of Germany's state support to energy-intensive industries facing an alleged risk of carbon leakage in two state aid decisions , both released on 17 July 2013 (press release, IP/13/704 ). In the first decision, the Commission concludes positively, but not in the second one. From a procedural point of view, it should be reminded that a Member State cannot put into effect a scheme which has been notified under state aid rules to the Commission until the latter has approved it. Positive decision on 2013 national carbon leakage scheme In the first decision, the Commission assessed Germany's scheme for the compensation of CO 2 costs in favour of energy-intensive industries as reflected in their electricity price, i.e. so-called carbon leakage. The European executive concludes that the scheme is in line with the harmonised methodology defined in the EU state aid guidelines adopted in t...

The news came on 14 July that the European Commission is considering launching legal proceeding against Germany's Renewable Energies Act ( so-called EEG , founding act of the German energy transition,  Energiwende ). The information was originally released by Der Spiegel .  DG Competition services have apparently concluded, after scrutiny of the German legislation for renewables, that some of the legal provisions providing for exemptions from charges levied on electricity consumers with the purpose of financing RES generation support ( EEG levy , grid fees ) may breach EU competition law ( Der Spiegel , "Unfair Competition? EU Takes on German Green Energy Law" , 15.07.2013). Some 3,200 companies have applied for an exemption to the EEG levy in 2012. (See also previous article in Der Spiegel , "War on Subsidies: Brussels Questions German Energy Revolution" , 29.05.2013.) According to Der Spiegel , the Commission will launch on Wednesday 17 July proc...

The conclusions of the Council meeting  (TTE configuration - Energy) on the European Commission's Communication on " Making the internal energy market work "  ( COM(0663) final ) have been released and are available here . Detailed analysis to be published shortly on this blog .

Alors que le Conseil Européen se réunit le 22 mai prochain, Jacques Delors , Martin Schultz , Sami Andoura , Jerzy Buzek et Antonio Vitorino publient une chronique commune dans le journal Le Monde daté du 20 mai 2013, chronique reprise sous divers formats dans d'autres journaux nationaux et européens.  Ses auteurs en appellent a un " véritable changement de société dans nos modes de production, de transport et de consommation d'énergie " afin d'assurer la transition énergétique . Ils y définissent une condition au succès de cette dernière: " y associer la société civile en Europe ", condition non explicitée. Plus fondamental, ils en appellent à la création d' une Communauté Européenne de l'Energie , dans la veine d'une autre communauté créée en 1951 autour du charbon et de l'acier. Toute chose devant être remise dans son contexte, essayons de comprendre où réside l'innovation de cette initiative. L'appel le plus nota...

On 22 May 2013 , the European Council will meet to discuss two main topics: energy and tax fraud and evasion. Communication has become more and more sophisticated around these meetings, and the Commission has definitely done its homeworks. First, President Barroso addressed a letter to the Members of the European Council , recalling the main points of the agenda for the meeting (see MEMO/13/416 dated 08/05/2013). Second, the Commission services published a background note on the two main issues to be discussed. A regards energy, the key elements that the Commission intends to push forward on the agenda of the European Council are presented in the note entitled  "Energy challenges and policy"   and are as follows: Differences and complementarities between the different energy mixes of the Member States which " all are facing similar challenges ". The Commission is of the view that the Member States "can tackle these challenges better together ...

The European Commission put forward on 11 October 2011 a proposal for a regulation on Guidelines for trans-European energy infrastructure (COM(2011)658). The regulation is part of the EU Energy Infrastructure Package which is financially supported by the Connecting Europe Facility (CPE) . Yesterday, on 12 March 2013 , the European Parliament adopted   in first reading in plenary session , which opens for final adoption of the text after approval by the Council.  The regulation aims to ensure the " timely development and interoperability of priority corridors and areas of trans-European energy infrastructure " .  - It establishes criteria for identification the priority corridors and areas which are further defined in Annex I to the Regulation. The categories covered include infrastructures related to electricity, oil, gas and carbon dioxide . The concept of "infrastructure" is defined broadly, but has been refined through negotiations.  -...