The Proposed New EU Renewables Directive: Interpretation, Problems and Prospects

European Energy and Environmental Law Review, p. 126, 2008

Posted: 26 Jan 2010 Last revised: 23 Nov 2010

See all articles by Angus Johnston

Angus Johnston

University of Oxford - Faculty of Law

Karsten Neuhoff

German Institute for Economic Research (DIW Berlin)

Doerte Fouquet

affiliation not provided to SSRN

Mario Ragwitz

Fraunhofer Institut für Systemtechnik und Innovationsforschung

Gustav Resch

Vienna University of Technology

Date Written: April 11, 2008

Abstract

Under the proposed renewables Directive, Member States would commit to delivering additional renewable energy so that collectively they would generate 20% of energy from renewable sources by 2020. The requirements for each Member State are linked to the GDP. The Proposal offers two options for inter-Member State cooperation, based upon the assumption that it may be advantageous to develop additional renewables in countries with good resource basis to meet the target in countries with higher GDP. Either Member States can transfer guarantees of origin for renewables between governments or they can implement a system for private international trade of guarantees of origin. The paper discusses the economic and legal implications for national support schemes and suggests to possible extensions to enhance legal certainty for investors. The Proposal also makes provision for national action plans to support Member States in the implementation of national frameworks. We discuss the interaction of GO trade with national support mechanisms for renewables and with international trading and transfers, and the importance of credible responses in the case of non-compliance.

Keywords: EU Law, Environmental Law, Renewables policy, Electricity generation

Suggested Citation

Johnston, Angus C. and Neuhoff, Karsten and Fouquet, Doerte and Ragwitz, Mario and Resch, Gustav, The Proposed New EU Renewables Directive: Interpretation, Problems and Prospects (April 11, 2008). European Energy and Environmental Law Review, p. 126, 2008, Available at SSRN: https://ssrn.com/abstract=1542686

Angus C. Johnston (Contact Author)

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Road
Oxford, OX1 3UL
United Kingdom
+44 (0)1865 276650 (Phone)

HOME PAGE: http://www.law.ox.ac.uk/profile/angus.johnston

Karsten Neuhoff

German Institute for Economic Research (DIW Berlin) ( email )

Mohrenstraße 58
Berlin, 10117
Germany

Doerte Fouquet

affiliation not provided to SSRN

Mario Ragwitz

Fraunhofer Institut für Systemtechnik und Innovationsforschung ( email )

Breslauer Str. 48
Karlsruhe, 76139
United States

Gustav Resch

Vienna University of Technology ( email )

Karlsplatz 13
Vienna
Austria

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