Capacity Mechanisms In Eu Energy Law

Capacity remuneration mechanisms (or simply capacity mechanisms) have become a fact of life in member states' energy markets and are one of the hottest topics in the wider European regulatory debate. Concerned about the security of electricity supply, national governments are implementing subsidy schemes to encourage investment in conventional power generation capacity, alongside already heavily subsidized renewable energy sources. With the increasingly connected European electricity markets, the introduction of a capacity mechanism in one country not only tends to distort its national market but may also have unforeseeable consequences for neighbouring electricity markets. As these mechanisms are adopted by member states with limited supra-national coordination as well as consideration for the cross-border impact, they tend to cause serious market distortions and put the future of the European internal electricity market at risk. This second edition will take stock of how capacity mechanisms have actually worked so far and consider the consequences they have for the European internal electricity market. It will include a detailed overview of national capacity mechanisms, their implications for the EU internal market, and will outline the nature of market failures which are likely to occur in the European electricity markets. This edition is intended to serve as a point of reference for regulators and policy-makers on how to design optimal capacity mechanisms in Europe. It will be an invaluable resource for anyone interested in energy market design, regulation, and competition issues.

Many states – including European Union (EU) Member States – subsidise energy producers in order to guarantee the uninterrupted availability of affordable electricity. This book presents the first in-depth examination of how these so-called capacity mechanisms are addressed in EU law and how they affect the functioning of the EU energy markets. Focusing on the existing legal framework as well as the new provisions of the Clean Energy for All Europeans package for capacity mechanisms, the author addresses and analyses such aspects as the following: the structure and functioning of the EU electricity markets; EU’s competence to address security of supply and Member States’ margin of discretion; sector-specific rules for security of supply; legal conditions for subsidising generation adequacy; capacity remuneration under the EU State aid regime; free movement rules that address generation adequacy measures; balancing different interests of EU energy law in the context of generation adequacy; and the requirement of proportionality in State intervention to ensure generation adequacy. The analysis draws on relevant sources of EU law (treaties, regulations and directives) as well as the case law of the European Court of Justice and the General Court, together with soft law instruments such as Commission guidelines. Scholarly sources include not only legal literature but also work on energy policy, energy engineering and energy economics. As a detailed analysis of how capacity mechanisms address issues arising in the context of the enegy transition – and how the system of EU law applicable to capacity mechanisms should be interpreted to further the objectives of EU energy law – the book will help policymakers and legislators in Member States to understand the changing legal setting for capacity mechanisms. Lawyers, academics and other professionals who deal with EU electricity markets in the EU and beyond are sure to welcome its detailed description and analysis.

Ensuring an adequate, long-term energy supply is a paramount concern in Europe. The security of a country's energy supply must be guaranteed, and within the EU individual member states are acting in order to safe-guard future energy production. Governments now intervene by encouraging investment in generation capacity, offering an additional revenue stream for conventional power plants in addition to the existing, heavily subsidized investments in renewable energy sources. These capacity remuneration mechanisms (or simply capacity mechanisms) have become a hot topic in the wider European regulatory debate. European electricity markets are increasingly interconnected, so the introduction of a capacity mechanism in one country not only distorts its national market but may have unforeseeable consequences for neighboring electricity markets. If these mechanisms are adopted by several member states with no supra-national coordination and no consideration for their cross-border impact, they may cause serious market distortions and put the future of the European internal electricity market at risk. These national developments are giving great cause for concern, and without a clear understanding of capacity mechanisms and their potential consequences it is difficult to predict the impact these measures will have on the internal European electricity market. This book provides readers with a thorough explanation and analysis of capacity mechanisms, written by an expert team of policy-makers, economists, and legal professionals. It will be a first point of reference for regulators and policy-makers responsible for designing optimal capacity mechanisms in Europe, and will be an invaluable resource for academics and practitioners in the fields of energy, regulation, and competition.

This book was originally published by Claeys and Casteels, now formally part of Edward Elgar Publishing. Since the publication of the Fourth Edition in 2016 the EU's internal gas and electricity legislative framework has continued to develop quickly: A whole series of new Grid Codes have been adopted, including those on Capacity Allocation and, Congestion Management, on forward capacity allocation, on electricity balancing (EB), emergency and restoration, and on electricity transmission system operation. The Gas Directive has been amended, to bring pipelines connecting into the European system under the Internal Market rules on unbundling, regulated tariffs and third party access. The 'Electricity Market Design' package has been adopted, implementing new rules on balancing, capacity mechanisms, demand response, storage, the rights of consumers to participate in the electricity market and the powers and responsibilities of ACER. New exemption decisions for new infrastructure These changes mark a major evolution in the EU's Internal Market, as it pioneers the way towards a zero-carbon electricity system. The new volume continues to provide the standard industry reference work in this area, written by some of the key Commission Officials responsible for these developments, together with leading industry practitioners and academics.

Bridging theory and practice, this book offers insights into how Europe has experienced the evolution of modern electricity markets from the end of the 1990s to the present day. It explores defining moments in the process, including the four waves of European legislative packages, landmark court cases, and the impact of climate strikes and marches.

This book was originally published by Claeys and Casteels, now formally part of Edward Elgar Publishing. At the end of 2018 the EU agreed a wholesale overhaul of EU electricity laws with the 'Electricity Market Design' package. The aim of this package is to bring EU electricity law up to date, taking account of its aim to become completely decarbonised by 2050, and to deal with the rapidly increasing level of intermittent renewable electricity in the network. The share of electricity produced by renewable energy sources is expected to grow to more than 50% in 2030. With this in mind, the electricity market design framework has been modernised to deal with intermittency, with new provisions on storage, capacity mechanisms (introducing a new emissions limit for power plants eligible to receive subsidies) and demand response. In addition, the role of consumers in the future electricity market has been re-thought and incorporated in the Electricity Market Design, providing the right incentives for consumers to become more active and to contribute to keeping the electricity system stable, as well as new consumer rights. In order to increase the resilience of the EU electricity system, each EU country is in the future required to define Risk Preparedness plans to be ready to respond to unexpected situations, working closely with neighbouring member states. The new rules will be supported by a stronger role for the ACER Agency, which coordinates work among national energy regulators, providing additional powers and responsibilities, and thus ensuring that decisions are taken for making best use of an integrated EU energy market to the benefit of all EU citizens. This new volume, written by all the key Commission officials responsible for drafting, negotiating and now implementing this major new piece of legislation is essential reading for all those involved in the regulation and development of Europe's electricity industry.

La 4e de couverture indique : "Since the introduction a quarter-century ago of market-based investments in the production of electricity and other critical services, our awareness of the underlying issues affecting the supply and consumption of energy has changed radically. No longer can Europe (or any region) rely on over-capacity of electricity generation and inexpensive primary energy fuels, or disregard the signs of potentially catastrophic climate change. The author of this timely and sharply focused book shows that, in the light of our current knowledge, ensuring new investments - and the right investments - in electricity generation constitutes an urgent energy policy challenge facing the EU over the coming decades. He accordingly makes the case for a serious reconsideration of the market facilitation and market intervention rules under electricity market legislation in the EU. In the first detailed legal analysis of the EU's internal electricity market framework for investments in electricity generation facilities from the perspective of security of supply, this book cover such legal issues as the following in precise detail : applicability of the Treaty on the Functioning of the European Union (TFEU) ; security of supply as a ground for exemption on the basis of public security ; justifications of public intervention ; the applicability of EU State aid provisions to investments in energy security ; requirements imposed by EU law on Member States for ensuring cost-efficient investments in European supply security ; facilitation of renewable energy sources and cogeneration in the environmental interest ; the Court of Justice's approach to Member State interventions ; the Court's decisions on restrictions on free movement in the environmental interest ; Member States' right to launch tendering procedures for new generation capacity ; Member States' right to impose public service obligations in the general economic interest on certain undertakings ; and relationship between the provisions of the TFEU and those of the Euratom Treaty in relation to investments in nuclear power generation. Throughout the study, in addition to his analysis of the decisions of the Court of Justice and the Court of First Instance, the author takes into account legal literature and Union reports, preparatory works, and working papers. The book demonstrates convincingly that today's energy supply challenges must be based on a broader balancing of security, competitiveness and sustainability interests. It suggests that the internal electricity market provisions of the Electricity Directive and the Security of Electricity Supply Directive would benefit from focusing more intensely on requiring investments in technologies and primary energy sources that will help mitigate climate change and reduce European energy import dependency, and less on the need for ensuring cost-efficient investments through market-based means. Through its detailed analysis of EU law in an area of great significance to both market participants and the public sector, Investing in EU Energy Security will be welcomed by legal advisors, whether working for the EU electricity industry or public agencies responsible for implementation of internal electricity market measures, as well as by academics in this hugely important field of current research."

Energy is crucially important to all of us. We depend on an abundant and affordable supply of energy. The European Commission's flagship Energy Union Strategy recognises this fact and has five aims: energy security; the completion of the internal energy market; energy efficiency; emissions reduction; and research and innovation. An agreed EU energy governance framework will underpin the relationships between the EU institutions and Member States. Such a framework will seek to meet the energy policy objectives of the EU on the one hand, and fulfil national aims on the other. Capacity markets can help to secure energy supply in the medium term at a competitive price. We call for the development of common EU standards for capacity markets, a greater emphasis on the role of regional co-operation, energy storage and demand side measures, and the opening up of domestic capacity markets to cross-border mechanisms. We argue that any EU co-ordination of capacity markets should aim to mitigate the distortion of competition and crossborder trade.