Sustainable Energy Law Notebook

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  

Just published! Book chapter on: C. Banet, "Techno-nationalism in the Context of Energy Transition: Regulating Technology Innovation Transfer in Offshore Wind Technologies." Summary: In the context of economic recovery and energy transition, techno-nationalist measures within clean energy technologies have been flourishing for the past decade. These measures may find justification grounds in local development needs and environmental concerns, but, as this chapter demonstrates, the margin of appreciation left to WTO parties is very limited. Such measures will rarely pass the test of the different WTO Agreements to qualify for an exception. On the other hand, the pressing need to access clean energy technologies has resulted in several multilateral initiatives inspired by a more techno-globalist thinking under the WTO and UNFCCC regimes. This Chapter reviews these initiatives and takes offshore wind technologies as case study, as it is one of t...

Just out, here is a new book on offshore wind regulation . The publication takes a comparative approach by reviewing applicable regulations and market conditions in 10 jurisdictions in Europe and Pacific Asia. It has been a honour to contribute to this publication by authoring two chapters, one on France (Chapter 3) and one on Norway (Chapter 5) . Reference: The Development of a Comprehensive Legal Framework for the Promotion of Offshore Wind Power , Anton Ming-Zhi Gao and Chien-Te Fan (eds.),  Kluwer Law International, 2017, ISBN 9789041183972. Website of the Publisher : https://lrus.wolterskluwer.com/store/product/the-development-of-a-comprehensive-legal-framework-for-the-promotion-of-offshore-wind-power/

Last week we presented a joint paper on energy policy in France . The paper is part of the Research project REMIX and has been presented, in a preliminary version, at the European Consortium for Political Research (ECPR) in Oslo, on 7 September 2017. The draft version of the paper called "An EU-induced turn to a marked-based France RES governance" is available here . The paper is a multidisciplinary collaboration between law and political science. The final version of the paper will be available by the end of 2017. Authors : Catherine Banet, University of Oslo, Faculty of Law, and Jørgen Wettestad, Fridtjof Nansen Institute. More about the REMIX Project here .

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.

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 news came on Monday (25 January 2016) that an arbitral tribunal reached one of the first ruling in a case concerning the cuts to the renewable energy support schemes in Spain, more precisely the changes made in 2010 by the government to the Spanish feed-in tariff in favour of PV solar installations (RDL 14/2010).

C'est avec grand plaisir que j'interviendrai au colloque de rentrée organisé par la Faculté de droit de Strasbourg les 14-15 janvier 2016 . Le colloque aura pour thème: "Les énergies renouvelables, nouvel Eldorado de l'intervention de l'Etat" L'énergie verte au confluent des perspectives nationales et européennes Pour plus d'informations, voire l'affiche ci-dessous et le lien ICI :

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 

On 5 November 2014, I was commenting the New Guidelines on State Aid for Environmental protection and energy (2014-2020) which have been adopted by the European Commission in April 2014, and apply from 1 July 2014 until the end of 2020.   The organisers of the event were the Confederation of Norwegian Enterprise (Næringslivets Hovedorganisasjon, NHO) and Energy Norway (Energi Norge)   Full programme available here . The presentations from the seminar are available here .   Take contact for further information.

Late in the night came the news of an agreement between the EU heads of state and government on a new climate and energy framework for 2030 . A need for mid-term commitments An agreement on post-2020 EU climate and energy strategy was deemed necessary in order to ensure predictability for energy technology investors, developers and industrial operators as regards mid-term commitments. Indeed, the Renewable Energy Directive 2009/28/EC may foresee a post-2020 roadmap in 2018, stakeholders have been repeatedly asking for clarification as to the situation after 2020 as soon as possible. 

Report 3/2014 The Norwegian Climate Foundation ( Norsk Klimastiftelse ) published a new report on the current energy transition processes experienced by the European countries and EU climate policy. The report is available here.   As part of the report, I published an article on the currently debated Law proposal on energy transition for green growth in France , reviewing the terms of the debate and the core provisions of the proposal. An extended version of the article is available here (in Norwegian).   References : Klimapolitikk i krysspress , Rapport nr. 3/2014, Norsk Klimastiftelse. Die Energiewende made in France: la transition énergétique , av Catherine Banet, 14 October 2014, Energi og Klima nettmagasin.

  Sirkulær økonomi og norsk energisystemet er tema til mitt innlegg i Energi og Klima Nettmagasinet under tittelen:   "Sirkulær økonomi: Snart på dagsorden også i Norge?"   " Norge har andre behov for energiomlegging enn mange andre land, men må likevel følge med i timen når det handler om utviklingen av et mer ressurseffektivt samfunn – en sirkulær økonomi.  De fleste land som har startet en prosess for energiomlegging ... " les resten av saken her ENGLISH VERSION   Circular economy and the Norwegian energy system are the topics of a chronicle I wrote for the Norwegian webmagazine Energy & Climate. I question when and how the concept of circular economy can be introduced in Norway. Read the full teks (in Norwegian) here .

Finnish prime minister, Alexander Stubb, paid an official visit to France this week (3 October 2014). Energy was among the topics discussed between the French and Finnish heads of state and government. Both nations have a high share of nuclear power in their electricity production , France with approximately 75 percent and Finland with 30 percent. Both countries are concomitantly pushing for the development of the sector for renewable energy .  This similarity in energy mix is motivating the two countries to submit a joint declaration ahead of the European Council scheduled on 23-24 October  to defend their vision of the diversification of energy sources and reduced reliance on foreign energy supplies .

" 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 .