Sustainable Energy Law Notebook

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 Accessible at: http://cclr.lexxion.eu/article/CCLR/2017/1/5 Summary : 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 ...

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 .

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.

Today is published in the OJEU the decision of the EFTA Surveillance Authority (No. 342/09/COL) of 23 July 2009 concerning an exemption from the Norwegian CO2 tax on gas and LPG on the use of gas for purposes other than the heating of buildings . The text of the decision is available HERE (OJ EU l 226 OF 01.09.2011, p.12) and will be commented shortly on this blog.

The European Commission has published today its proposal for a review of Directive 2003/96/EC restructuring the Community framework for the taxation of energy products and electricity ( Energy Taxation Directive ). Here are: the text of the proposal , the press release and the MEMO For background information , see previous POST on that blog. An analysis of the new proposal will be posted soon .

The European Commisison has announced that it will put forward a proposal to review Directive 2003/96/EC restructuring the Community framework for the taxation of energy products and electricity ( Energy Taxation Directive ) on 13 April 2011 . The current Directive 2003/96/EC The currently applicable directive entered into force on 1 January 2004. It sets taxation rules for energy products and electricity that are used as motor or heating fuel or electricity generation . Other uses, as raw materials or for chemical reduction, etc. are not covered. It extends the EU system of mandatory minimum rates of taxation applicable to mineral oils to coal, natural gas and electricity . The background idea is therefore to establish a level playing field between the different energy products and reduce distortions of competition . The minimum levels of taxation applicable by category are defined in the annexes to the directive . For example: natural gas for motor fuels, 2.6 EUR/gigajoule; elec...