In Energy Post, Guidehouse discusses how revised guidelines could increase legal certainty for EU Member States
The European Commission’s Environmental and Energy State Aid Guidelines 2014-2020 (EEAG) require Member States to implement technology-neutral auctions as part of their renewable energy support schemes. Yet most Member States continue to use technology-specific auctions, using exemption clauses in the EEAG to do so.
In an article for Energy Post, Silvana Tiedemann, managing consultant, and Bastian Lotz, senior consultant at Guidehouse, together with Lars Jerrentrup of Aurora Energy Research, and Lion Hirth from Neon investigate how the current use of these exemption clauses creates legal ambiguity.
“The rule of technology-neutrality in renewable energy auctions is almost never followed, and the deviation from the rule inconsistently justified”, wrote the authors.
“Given Member States’ apparent unwillingness to follow the technology-neutrality principle as well as significant scientific arguments against technology-neutral auctions, the European Commission should define clearer exemptions […] and establish reliable procedures for their application to increase legal certainty.”