Vittoria Musardo

European State Aid Law Quarterly, Volume 20 (2021), Issue 2, Page 217 - 228

The current revision of the Energy and Environmental State aid guidelines (EEAG) represents a unique opportunity to update and adapt the current regime to reflect the latest EU regulatory and policy developments on climate change and environmental protection and especially the new goals of the European Green Deal. In this context, it becomes paramount to develop a clear and consistent approach for singling out aid measures which are truly capable of bringing about a further level of environmental protection, necessary for attaining such bold and farsighted objectives. The present article will seek to develop a consistent evaluation model for identifying aids which are truly environmental in nature, ensuring that the advantages allocated are targeted and limited to what is strictly necessary. This standard will build on the potential for a strategic use of the Incentive Effect criteria in the assessment of the compatibility of aid measures, aimed at making sure that the behavioural shifts induced by the latter are capable of attaining a level of environmental benefit consistent with the heightened environmental objectives introduced by the Green Deal. Keywords: Green Deal; EEAG; Incentive Effect; renewable energy; environmental aid.

Catherine Banet

European State Aid Law Quarterly, Volume 19 (2020), Issue 2, Page 172 - 184

Looking at the practical case of the Guidelines on State aid for environmental protection and energy (EEAG) (2014-2020) and implementation of them, this article intends to re-open the debate on the legal status of soft law instruments in EU State aid policy. It analyses the recent case law of the Court of Justice of the European Union and the manner the latter distinguishes between the legal force and the legal effects of the State aid guidelines, not only on the Commission, but also on third parties like Member States. The article puts in perspective the careful approach of the Court in not recognising the possible indirect effects of the guidelines on Member States or individuals with the procedural and structural changes in the adoption of the guidelines. With the implementation of the State Aid Modernisation, a circular process in three steps has been established between the adoption of the General Block Exemption Regulation (GBER), the new State aid guidelines and the proposals for new secondary legislation. In this process, the guidelines assume the function of a bridge, building on the binding principles enshrined in the GBER and preparing the revision of sectoral EU directives and regulations. With the upcoming revision of the GBER and the EEAG which is now scheduled for adoption in 2021, the same dynamic will most probably apply. The revision of the GBER and the EEAG will need to reflect the content of the newly adopted Clean Energy Package for All Europeans, but will also play a crucial role in preparing the grounds for amending relevant secondary legislation in line with the Commission’s European Green Deal Strategy. Keywords: EEAG 2014-2020, renewable energy, support schemes, GBER, legal force, legal effects

Virgil Mușatescu, Cristian Podașcă, Ioana Opriș

European State Aid Law Quarterly, Volume 16 (2017), Issue 2, Page 243 - 262

Romania has accumulated valuable experience in supporting high efficiency cogeneration, using a scheme also known as the ‘cogeneration bonus’. The bonus is an operating State aid that helps the producers to remain competitive on the electricity market and stimulates both new investment and rehabilitation of old plants. This article focuses on the results of the bonus scheme after the first five years of application: an increasing number of producers benefiting of this aid, higher global (electricity and heat) efficiency of the cogeneration plants, significant primary energy savings and CO2 emissions avoided. The scheme also experienced some problems (to which the authors suggest certain solutions) related to the legal, institutional/administrative, investment, technical, economic/financial and social frameworks. Last but not least, the article presents the introduction of a new State aid scheme to support high efficiency cogeneration, which will be in line with the European guidelines on State aid for environmental protection and energy up to 2020 and will probably be in place starting 2017. Keywords: Energy Efficiency; Cogeneration Bonus; EEAG; Romania.