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In this issue: Competition and state aid Free movement, immigration and employment Financial services Environment Insurance and reinsurance Life sciences TMT International trade Daily and weekly news alerts New and updated content Trackers Competition and state aid State aid—Court of Justice rules on an Italian reference, declaring renewable energy State aid inadmissible. In Case C-514/23, Tiberis Holding, the Court considered questions from Italy on whether a national scheme encouraging electricity generation from renewable sources is compatible with the EU internal market. See News Analysis: EU Competition law—daily round-up (01/08/2025)... State aid—European Commission opens a call for evidence on technical updates to the ETS State aid guidelines. The Commission is seeking views on planned revisions to the Emissions Trading System State aid guidelines (ETS Guidelines), with feedback invited until 5 September 2025. As signalled in the European Chemicals Action Plan of 8 July 2025, the ETS Guidelines will be revised to include further...
In this issue: Air emissions and climate change Brexit Contamination and pollution Energy for environmental lawyers Environmental information Environmental taxes, reliefs and incentives ESG and sustainability Nature, biodiversity and habitat conservation Sources of environmental law (UK, EU, international) Waste Waste producer responsibility regimes Water, flooding and drainage Daily and weekly news alerts New and updated content Updated Practice Notes Trackers Useful information Air emissions and climate change The Financial Conduct Authority has released a speech by its chief operating officer, Emily Shepperd, underscoring the need to channel growth and investment to deliver net zero by 2050. Shepperd stressed active engagement with industry so rules are proportionate, unnecessary burdens are avoided, and fresh talent is attracted. She examined how resilient regulatory architecture can foster economic expansion and the transition to net zero, while upholding robust standards and balancing risk with investor protection. See: LNB News 06/11/2024 40....
In this issue: Air emissions and climate change Energy for environmental lawyers Environmental enforcement and prosecutions ESG and sustainability Nature, biodiversity and habitat conservation Sources of environmental law (UK, EU, International) Waste Daily and weekly news alerts New and updated content Air emissions and climate change Commission adopts EU Net-Zero Industry Act implementation package The European Commission has issued a package of secondary legislation and a communication under the EU Net-Zero Industry Act to accelerate the production of decarbonisation technologies and bolster the EU’s industrial resilience and competitiveness. The measures refine the Act’s scope by identifying the products and components covered, set parameters for applying non-price factors in renewable energy auctions, and introduce common criteria for selecting net-zero technology manufacturing projects for strategic status. Collectively, these actions are intended to ensure projects that reduce greenhouse gas emissions secure streamlined permitting and financial support, thereby advancing Europe’s clean technology sector. See: LNB News 23/05/2025 42...
ARCHIVED: This Practice Note has been archived and is not maintained. How are contracts for difference (CfD) and the renewables obligation (RO) connected? The renewables obligation (RO) is designed to stimulate investment in renewable generation. It achieves this by placing a duty on customer-facing electricity suppliers—who obtain electricity from generators, whether directly or indirectly—to procure an ever-increasing share of their wholesale supply from renewable sources. The Secretary of State (SoS) for Business, Energy and Industrial Strategy (BEIS) determines the proportion required each period. Suppliers prove compliance by submitting renewable obligation certificates (ROCs) to the Office of Gas and Electricity Markets (Ofgem). New ROCs are issued solely to accredited renewable generators, encouraging suppliers to purchase renewable output (together with separately priced ROCs) from such projects, thereby delivering a degree of financial support to those developments. For further details, see Practice Note: Renewables Obligation (RO)—accreditation of renewable electricity generators [Archived]. On 31 March 2017, the RO closed to most categories of new generation. The RO will continue to...
Structure of the EU electricity system EU rules on electricity govern two core spheres: the physical set-up for generation, movement and consumption of power (often termed the electricity network or grid), and the organisation of electricity markets (i.e. the flow of money). Electricity moves through the EU grid in broad stages: Generation—the creation of electricity using, for instance, fossil fuels, solar, wind, nuclear or geothermal sources Transport—the conveyance of electricity across the network, typically divided into: Transmission—long-distance transfer on the extra high-voltage and high-voltage interconnected system, with delivery to final customers or to distributors in view Distribution—movement from transmission networks and distribution to consumers. Electricity from smaller renewable installations, such as solar and wind, is generally injected into the distribution networks Supply—the sale (including resale) of electricity to wholesale customers (who purchase for onward sale) and to final customers (who purchase for their own use) As a straightforward analogy,...
RED II—overview The recast Renewable Energy Directive (Directive (EU) 2018/2001, RED II) took effect on 24 December 2018, with a deadline for transposition of 30 June 2021. Its main objective is to set a common framework to advance the use of energy from renewable sources. Directive (EU) 2023/2413 of the European Parliament and of the Council of 18 October 2023, concerning the promotion of renewable energy and amending RED II, Regulation (EU) 2018/1999 (the Governance Regulation) and Directive 98/70/EC, appeared in the Official Journal on 31 October 2023 and came into force on 20 November 2023. The transposition deadline is 21 May 2025, save for the following items which had to be enacted in national law by 1 July 2024: the new Article 15(e) of Directive (EU) 2018/2001 (covering the designation of dedicated infrastructure areas), and the new Articles 16, 16b, 16c, 16d, 16e and 16f of Directive (EU) 2018/2001 (covering permitting procedures and requirements) The revising Directive (EU) 2023/2413 chiefly...
Precedent clause This Precedent clause applies to a supply contract mandating the supplier/contractor to secure energy from renewable sources...