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State Aid Perspectives on the Coal-to-Clean Transition journal article

Report on the Conference held at the Club de Warande, Brussels, 14 November 2019

Juliette Delarue

European State Aid Law Quarterly, Volume 19 (2020), Issue 1, Page 105 - 110

Alongside long-term political commitments and robust administrative planning, a successful decarbonisation of the energy sector requires supportive measures, of which some may qualify as State aid. For the ‘Coal-to-Clean Transition’ these may include: compensation for the closure of coal facilities; efforts to achieving a fair and just transition in regions hitherto dependent on coal mining or coal use; and adequate interventions to ensure security of electricity supply. The conference of 14 November 2019 highlighted that a precise scrutiny of State aid aspects of these politically-sensitive measures by the Commission is required to ensure certainty for Member States, operators and the general public alike. Keywords: Just transition; Capacity mechanisms; Compensations; Coal phase-out; Energy transition.

Implementation of the Green Deal: journal article

Integrating Environmental Protection Requirements into the Design and Assessment of State Aid

Simone Lünenbürger, Clemens Holtmann, Juliette Delarue

European State Aid Law Quarterly, Volume 19 (2020), Issue 4, Page 418 - 429

The Commission has announced its intention to revise a series of State aid rules (GBER and a number of guidelines) in light of the Green Deal by the end of 2021. At the same time, the Commission is examining how competition policy can be more effective to combat climate change and contribute to the protection of the environment. This article demonstrates that environmental protection requirements can and must be integrated into the definition and implementation of the Union's State aid policy, not only when it comes to environmental aid. Article 11 TFEU provides for a legal obligation on the Commission to integrate environmental protection requirements into the definition and implementation of Union policies, including State aid policy. It is shown how this obligation can be integrated into the traditional assessment scheme, notably under Article 107 (3)(c) TFEU and how it can be broken down into concrete compatibility assessment criteria. Keywords: Green Deal; environmental protection; Article 11 TFEU; State aid policy; guidelines

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