Towards a Green Energy Transition: REPowerEU Directive vs Environmental Acquis

Abstract

The article provides a brief overview and assessment of the proposed measures against the respective political and legal background. It shows that the proposed measures, while generally guided by legitimate objectives, were not properly balanced with the other EU environmental policies. In this context it claims lack of a profound debate regarding the scope and means for such balancing and considers this as a fundamental issue to be addressed before submitting any concrete measures. It then compares the proposed measures with some of the official proclamations in the Europesan Green Deal and shows issues of concern in relation to some of the concrete proposed measures. Finally, it assesses some of the proposed measures as being not controversial and presents proposals for other possible measures to be used for the purpose. The article is based on a presentation given 24th November 2022 in the context of the annual general meeting of the Environmental Law Network International.

The Dilemma of the European Integration Principle—Ensuring Energy Independence of the European Union

“…The war on the EU's eastern border and "the use of gas resources as a means of political pressure have caused an unprecedented energy crisis in the EU", which has forced new measures to reduce energy consumption [27]. Because of these aspects, the European Commission designed the REPower EU plan that aims to build a new infrastructure and a new independent energy system by 2030 by "saving energy, producing clean energy and diversifying energy sources" [28]. The implementation of this plan requires a combination of interconnected factors, namely technological development, political support, and population behavior [29].…”

EU Green Transition in Times of Geopolitical Pressures: Accelerating or Slowing the Pace Towards Climate Neutrality?

“…They also contradict the EGD implementation principles of active public participation and effective enforcement through the facilitation of access to justice for NGOs and the general public. Their application will also reduce transparency in the authorisation of renewable energy projects (Jendrośka and Anapyanova, 2023). Moreover, besides the exemption from the environmental impact assessment requirement, the new renewable energy plants can also be exempted from the assessment required under the Habitat Directive (Directive 92/43/EEC).…”

“…If these provisions are adopted, then, they would weaken biodiversity protection, one of the EU's chief objectives under the EGD. Controversial aspects such as those discussed above risk increasing public opposition to renewables and slowing the energy transition (Jendrośka and Anapyanova, 2023;Condon et al 2022). In order to achieve a swift transition to renewables, the EU and Member States are promoting renewable energy projects by providing companies with subsidies and incentives for power generation.…”

“…The EGD Communication identifies three main principles required for the deal's successful implementation: active public participation; effective enforcement by facilitating access to justice for the general public and NGOs; no significant harm should be done in achieving the EU's goals (i.e. a green oath) (Fetting, 2020;Jendrośka and Anapyanova, 2023). The outbreak of the Covid-19 pandemic in March 2020 and the ensuing economic crisis threatened to pose a serious setback to implementation of the EGD.…”