Impact of European Law on the Validity and Tenure of National Support Schemes for Power Generation from Renewable Energy Sources

Abstract

This article discusses the role European law, namely the EC Treaty, the Renewables Directive and the Electricity Directive, assumes in the drive for more investment into electricity generation using renewable energy resources. The author outlines the legal framework and focuses on a discussion of recompense support schemes and the tenure of current national schemes in the light of market liberalisation, non-discrimination, inter-fuel competition and integration under the EC Treaty and said EC secondary legislation. In the light of the internal energy market's developments as well as other environmentally focused European initiatives such as emissions trading and energy taxation, the article concludes on the role European law may assume in the future. The article also highlights legal developments in Europe that investors are advised to keep an eye on.