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2019 | OriginalPaper | Buchkapitel

7. Energy Resource Efficiency in the EU: Major Legislative Initiatives

verfasst von : Umut Turksen

Erschienen in: Energy Security

Verlag: Springer International Publishing

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Abstract

This chapter outlines the key priority areas in the context of energy efficiency in the EU and discusses the relevant legal instruments. It analyses the performance of the EU Member States (MS) against the set benchmarks within the context of the 2011 Roadmap to a Resource Efficient Europe, a key EU policy document. The chapter identifies the areas that lack progress to date and focuses on integrated, rather than isolated, policy decisions and implementation. Firstly, substantial investment in efficiency and capacity building (for renewable energy generation) is necessary. Secondly, energy interconnections and transfer hubs and networks within and outside the EU are necessary for the MS to benefit from each other’s conditions, such as varying supply and demand, and advantages.

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Fußnoten
1
The Court of Justice of the EU held that energy in the modern economy is “of fundamental importance for a country’s existence since not only its economy but above all its institutions, its essential public services and even the survival of its inhabitants depend upon them”: Campus Oil, Case 72/83—Judgment of the Court of 10 July 1984.
 
2
The EU’s official view on Energy Security: “Energy supply security must be geared to ensuring, the proper functioning of the economy, the uninterrupted physical availability at a price which is affordable while respecting environmental concerns. Security of supply does not seek to maximise energy self-sufficiency or to minimise dependence, but aims to reduce the risks linked to such dependence.”: EC Green Paper (2000) and Commission Priority, Energy Union: Making energy more secure, affordable and sustainable, http://​ec.​europa.​eu/​priorities/​energy-union/​index_​en.​htm.
 
3
Among “sustainability” and “competitiveness”—Commission Priority, Energy Union: Making energy more secure, affordable and sustainable, http://​ec.​europa.​eu/​priorities/​energy-union/​index_​en.​htm.
 
4
The EU internal energy market is regulated under the Third Energy Package which consists of two Directives and three Regulations: Directive 2009/72/EC concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC; Directive 2009/73/EC concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC; and Regulation (EC) No. 714/2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No. 1228/2003; Regulation (EC) No. 715/2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No. 1775/2005; Regulation (EC) No. 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators.
 
5
The Treaty itself expired in 2002, but some of its provisions were incorporated into subsequent treaties. For details see http://​europa.​eu/​legislation_​summaries/​institutional_​affairs/​treaties/​treaties_​ecsc_​en.​htm.
 
6
See, www.​energy.​eu/​#dependence and Eurogas statistics at www.​eurogas.​org. Russia provides 100% of gas imports of at least seven Member States of the EU. The EU Commission, EU Energy Policy Data, SEC (2007), p. 12.
 
7
European Commission, Market Observatory for Energy, Key Figures, June 2011. See, http://​ec.​europa.​eu/​energy/​observatory/​eu_​27_​info/​doc/​key_​figures.​pdf. In 2011, oil made up about 37%, coal nearly 18%, and nuclear energy 12% of the EU primary energy supply.
 
8
European Commission (2000). Towards a European Strategy for the Security of Energy Supply. (Green Paper) COM(2000) 769 Final.
 
9
Council Directive 2004/67/EC of 26 April 2004 concerning measures to safeguard security of natural gas supply, OJ L 127, 29/04/2004, Preamble, para. 13.
 
10
The Third Energy Package, supra note 4. Also see, the EU Commission, A fully-integrated internal energy market, https://​ec.​europa.​eu/​commission/​priorities/​energy-union-and-climate/​fully-integrated-internal-energy-market_​en.
 
12
For example, ISO 50001—a global standard for energy management developed by the International Organization for Standardization in 2011—grew to nearly 12,000 in 2015, 85% of which were in in the EU. Ibid.
 
13
EU Commission, Single Market Act II—Together for New Growth, COM(2012) 573 final. 03.10.2012.
 
14
EU Commission—Press Release, Towards Energy Union: Sustainable energy security package, Brussels, 16 February 2016, http://​europa.​eu/​rapid/​press-release_​IP-16-307_​en.​htm.
 
15
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Roadmap to a Resource Efficient Europe, COM/2011/0571 Final, http://​eur-lex.​europa.​eu/​legal-content/​EN/​TXT/​?​uri =​ CELEX:​52011DC0571.
 
16
Ibid. The EU Parliament has supported the Roadmap by issuing a resolution, namely the European Parliament resolution of 24 May 2012 on a resource-efficient Europe (2011/2068(INI)).
 
19
A typical example in this regard is Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources which states that “Cyprus and Malta, due to their insular and peripheral character, rely on aviation as a mode of transport, which is essential for their citizens and their economy. As a result, Cyprus and Malta have a gross final consumption of energy in national air transport which is disproportionately high, i.e. more than three times the Community average in 2005, and are thus dispropor-tionately affected by the current technological and regulatory constraints”.
 
20
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Closing the Loop—An EU action plan for the Circular Economy, COM/2015/0614 Final, http://​eur-lex.​europa.​eu/​legal-content/​EN/​TXT/​?​uri=​CELEX:​52015DC0614.
 
21
Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC, http://​eur-lex.​europa.​eu/​LexUriServ/​LexUriServ.​do?​uri=​OJ:​L:​2012:​315:​0001:​0056:​en:​PDF.
 
22
For example, it is envisaged that by 2020, there will be at least 20% reduction in greenhouse gas emissions compared to 1990 (30% if international conditions are right, European Council, 10–11 December 2009); saving of 20% of EU energy consumption compared to projections for 2020; and 20% share of renewable energies in EU energy consumption, 10% share in transport.
 
23
Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy; http://​eur-lex.​europa.​eu/​legal-content/​EN/​TXT/​?​uri=​CELEX:​32000L0060.
 
24
Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment Text; http://​eur-lex.​europa.​eu/​legal-content/​EN/​TXT/​?​uri=​celex%3A32011L0092.
 
25
European Commission, ‘Internal energy market: Commission refers Bulgaria, Estonia and the United Kingdom to Court for failing to fully transpose EU rules’ (Press Release Database, 24 January 2013); http://​europa.​eu/​rapid/​press-release_​IP-13-42_​en.​htm.
 
26
The EU has set up a The Resource Efficiency Scoreboard which presents indicators covering themes and subthemes of the Roadmap to a Resource Efficient Europe and aims to monitor implementation across the EU: http://​ec.​europa.​eu/​eurostat/​web/​europe-2020-indicators/​resource-efficient-europe.
 
28
Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of eco-design requirements for energy-related products, http://​eur-lex.​europa.​eu/​legal-content/​EN/​TXT/​?​uri=​CELEX:​32009L0125.
 
30
Proposal for a Directive of the European Parliament and of the Council on the promotion of the use of energy from renewable sources (recast), COM/2016/0767 final/2—2016/0382 (COD), Section 1.1: http://​eur-lex.​europa.​eu/​legal-content/​EN/​TXT/​?​uri=​CELEX:​52016PC0767R%2801%29#footnoteref2.
 
31
Ibid.
 
32
Note that there are sector specific legal instruments created to improve energy efficiency, including the Energy Efficiency and Energy Performance of Buildings Directives, the EU Emission Trading System proposal of July 2015 and the proposed Effort Sharing Regulation, the Land Use, Land Use Change and Forestry Regulation (LULUCF) of July 2016. However, it is not possible to analyse these within the scope of this chapter.
 
33
Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the Promotion of the Use of Energy from Renewable Sources and Amending and Subsequently Repealing Directives 2001/77/EC and 2003/30/EC, http://​Eur-Lex.​Europa.​Eu/​Legal-Content/​EN/​ALL/​?​Uri=​Celex%3A32009L0028.
 
34
Policy areas including sustainable development, protection of the environment and improvement of citizens’ health, creation of jobs, economic growth, reinforcement of energy security all fall within the remit of the EU and Article 194 of the Treaty on the Functioning of the European Union, has conferred the competence to legislate these subject areas including energy.
 
36
Note that Recommendations and opinions shall have no binding force.
 
37
Just as with a domestic legal system, there are a variety of sources of EU law and these create what is called a ‘hierarchy of norms’. Some are more important than others, some give the authority by which those others are created.
 
38
Such strategic approach is also evident in the United States of America, where the relevant organ is titled, the US Department of Energy’s Office of Energy Efficiency and Renewable Energy.
 
39
Article 2(18) of the EED (2012).
 
40
A smart metre can digitally send metre readings to the energy supplier for more accurate energy bills and provide detailed information to consumers so that they can better understand energy usage and potential savings to be made.
 
41
EU Commission, Energy Efficiency, https://​ec.​europa.​eu/​energy/​en/​topics/​energy-efficiency. Articles 17 and 23 of Directive 2009/28/EC require the Commission to report biennially to the European Parliament and the Council on the progress achieved in Renewable Energy development in the EU and Member States, and on the EU biofuel sustainability.
 
42
The latest progress report can be found here: Report from the Commission to the European Parliament and the Council 2017 assessment of the progress made by Member States towards the national energy efficiency targets for 2020 and towards the implementation of the Energy Efficiency Directive as required by Article 24(3) of the Energy Efficiency Directive 2012/27/EU, http://​eur-lex.​europa.​eu/​legal-content/​EN/​TXT/​?​qid=​1511978095545&​uri=​COM:​2017:​687:​FIN.
 
44
Report from the Commission to the European Parliament and The Council, Assessment of the progress made by Member States towards the national energy efficiency targets for 2020 and towards the implementation of the Energy Efficiency Directive 2012/27/EU as required by Article 24 (3) of Energy Efficiency Directive 2012/27/EU, COM(2015) 574 final, https://​ec.​europa.​eu/​energy/​sites/​ener/​files/​documents/​2a_​EE%20​progress%20​report%20​-%20​CSWD%20​part%20​1.​pdf.
 
45
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Energy Roadmap 2050, http://​eur-lex.​europa.​eu/​legal-content/​EN/​ALL/​?​uri=​CELEX%3A52011DC0885.
 
46
Ibid.
 
47
The Road Map, para. 3.2 (b), supra note 30.
 
48
See, page 1, para. 8 of the Regulation (EU) No. 347/2013 on guidelines for trans-European energy infrastructure and repealing Decision No. 1364/2006/EC and amending Regulations (EC) No. 713/2009, (EC) No. 714/2009 and (EC) No. 715/2009.
 
49
If built on time by 2025, Hinkley Point C is projected to cost £19.6 billion.
 
50
For example, bigger wind turbines have proven to be more cost effective and efficient.
 
51
For example, connecting the North energy resources (mainly gas) and the renewable energy resources form the South (mainly gas and wind power), requires a holistic and more integrated view on transmission, distribution and storage capacities. A Pan-European Electricity Highways System is proposed to be completed by 2050, yet there has been limited progress in this regard.
 
52
Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings, http://​eur-lex.​europa.​eu/​legal-content/​EN/​ALL/​?​uri=​celex:​32010L0031.
 
53
The EU Commission, Clean Energy for all Europeans—Good practice in energy efficiency (2016), https://​ec.​europa.​eu/​energy/​sites/​ener/​files/​documents/​good_​practice_​in_​ee_​-web.​pdf.
 
54
EEOS are identified to be the most important type of policy in terms of energy savings whereby 34% of the expected cumulative energy savings across all Member States are to be generated from the implementation of EEOS. Ibid.
 
56
Regulation (EU) No. 994/2010 of the European Parliament and of the Council of 20 October 2010 concerning measures to safeguard security of gas supply and repealing Council Directive 2004/67/EC. Note that Regulation No. 994/2010 was repealed by Regulation (EU) 2017/1938 of the European Parliament and of the Council of 25 October 2017 concerning measures to safeguard the security of gas supply: https://​eur-lex.​europa.​eu/​legal-content/​en/​TXT/​?​uri=​CELEX:​32017R1938.
 
57
The European Network of Transmission System Operators for Gas, Security of Gas Supply, 2017; https://​www.​entsog.​eu/​publications/​security-of-gas-supply.
 
58
Ibid.
 
59
Supra Note, 49. Directive 2009/28/EC.
 
60
Such commitments include the amended Montreal Protocol provisions with the aim of global phase-down of highly global warming hydrofluorocarbons (HFCs) and in the International Maritime Organization (IMO) to an agreement towards an emission reduction strategy for the international shipping sector.
 
61
Directive 2009/28/EC, Article 2(l).
 
62
It is reported that using more renewables resulted in a €16 billion saving in fossil fuel imports in 2015, and this is projected to rise to €58 billion in 2030. EU Commission, Renewable Energy—Progress Reports, https://​ec.​europa.​eu/​energy/​en/​topics/​renewable-energy/​progress-reports.
 
63
The EU has 30% of global patents in renewables and the turnover of the renewables industry in 2014 was €144 billion. Ibid.
 
64
The preamble, para. 13 and Article 3 (4), Directive 2009/28/EC.
 
65
Overall 2020 renewable energy targets of each EU Member State can be found here: https://​ec.​europa.​eu/​energy/​en/​topics/​renewable-energy/​national-action-plans.
 
66
As expressed by Article 6 of RED.
 
67
As expressed by Articles 7 and 8 of RED.
 
68
As expressed by Article 11 of RED.
 
69
EU Commission, Energy, North Seas countries agree on closer energy cooperation, 6 June 2016, https://​ec.​europa.​eu/​energy/​en/​news/​north-seas-countries-agree-closer-energy-cooperation.
 
70
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank—Second Report on the State of the Energy Union, COM(2017) 53 final, https://​ec.​europa.​eu/​commission/​sites/​beta-political/​files/​2nd-report-state-energy-union_​en.​pdf.
 
71
Ibid.
 
72
Ibid.
 
74
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions—The role of waste-to-energy in the circular economy, COM(2017) 34 final, http://​ec.​europa.​eu/​environment/​waste/​waste-to-energy.​pdf.
 
75
Supra note, 83.
 
76
Eurostat, ‘Euro area international trade in goods surplus €3.3 bn’, 46/2018 19 March 2018, http://​trade.​ec.​europa.​eu/​doclib/​docs/​2013/​december/​tradoc_​151969.​03.​2018.​pdf.
 
77
European Environment Agency, Renewable energy in Europe 2017—EEA Report No. 3/2017.
 
78
The following proposed laws stipulate such provisions to be put in place: Proposal for a Directive of the European Parliament and of the Council on common rules for the internal market in electricity (recast), COM(2016) 864 (Electricity Directive) https://​eur-lex.​europa.​eu/​legal-content/​EN/​TXT/​?​uri=​CELEX%3A52016PC0864; and Proposal for a Regulation of the European Parliament and of the Council on the internal market for electricity—(recast), COM(2016) 861 final/2; https://​ec.​europa.​eu/​energy/​sites/​ener/​files/​documents/​1_​en_​act_​part1_​v9.​pdf.
 
79
Namely, energy security, market integration, energy efficiency, decarbonisation; and innovation.
 
80
There are statistics which compares overall EU capacity with other regions in the world. See for example, International Renewable Energy Agency, Global Overview of the Renewable Energy Installed Capacity and Electricity Generated, 2016, http://​resourceirena.​irena.​org/​gateway/​dashboard/​?​topic=​4&​subTopic=​17.
 
81
Also, note that there is no comparative data in terms of regional investment in renewables across the EU.
 
82
Banja and Jégard indicated that during 2005–2015, “the overall renewable energy share increased by an annual average of 0.8 percentage points. In the same period, final renewable energy consumption increased by an average of 7.8 Mtoe per year”, p. 4. The decreasing reliance on nuclear energy has also contributed to this trend.
 
83
For example, Germany has the largest wind-power capacity, with 44% of all new EU installations. Spain, the UK and France also have large shares compared to remaining EU Member States which have nominal capacity in terms of wind power generation.
 
84
EEA Report No. 3/2017 (pp. 16–29) provides a good overview of the level of renewable energy generation from various sources such as wind, solar, hydro and thermal power, etc.
 
87
European Environment Agency, Renewable energy in Europe 2017—EEA Report No. 3/2017, p. 6.
 
88
For example, the Roadmap 2011; Communication from the Commission to the European Parliament, The Council, the European Economic and Social Committee and the Committee of the Regions Renewable Energy: a major player in the European energy market—COM/2012/0271 Final; and other legal and policy instruments as outlined in this chapter.
 
89
For example, with regard to electric car charging points, the Netherlands leads the way with a network of over 23,000 public charging positions followed by Germany with more than 14,000, France with more than 13,000, the UK around 11,500 and Norway with more than 7600 whereas Bulgaria, Cyprus, Iceland and Lithuania have fewer than 40 charging points. See, European Alternative Fuels Observatory, Electric vehicle charging infrastructure, http://​www.​eafo.​eu/​electric-vehicle-charging-infrastructure. Interestingly, the highest shares of renewable energy attained in the EU belong to Sweden (52.6%), followed by Finland (38.7%) and Latvia (38.7%). Luxembourg (4.5%), Malta (4.7%) and the Netherlands (5.5%) which realised the lowest shares! Supra note, 97, EEA Report No. 3/2017, p. 15.
 
90
For example, economic crisis and increased competition resulted in Europe’s investment share to decline from 46% in 2005 to 17% in 2015.
 
91
Article 15(2) of the EED requires Member States to ensure that a guarantee of origin is issued in response to a request from a producer of electricity from renewable energy sources. In the event that the EED seizes to apply in the UK, guarantees of origin that have been issued by designated bodies in the UK in accordance with Article 15(2) of Directive 2009/28/EC will no longer be recognised by the EU-27 Member States as of the withdrawal date.
 
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Metadaten
Titel
Energy Resource Efficiency in the EU: Major Legislative Initiatives
verfasst von
Umut Turksen
Copyright-Jahr
2019
DOI
https://doi.org/10.1007/978-3-030-01033-1_7