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Commission accused of attacking aid for green electricity

Published 27 September 2006 - Updated 29 June 2007
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Environmentalists have pointed the finger at the Commission for telling Luxembourg that the guaranteed price it pays in support of renewable energies is creating market distortions.

On 25 September, the EEB said that the Commission had warned Luxembourg against its policy to compensate customers for higher-priced green electricity. When customers buy green power from a member state where a different support scheme applies, the measures are said by the Commission to be illegal, according to the EEB.

"The Commission considers the transboundary application [of these measures] to be market distortion," the EEB said, urging the Commission to modify its cross-border state-aid rules.

EEB Secretary-General John Hontelez said that alternative suppliers in Germany such as Greenpeace Energy have been receiving support from Luxembourg, thanks to the scheme.

Positions: 

"We have been in a legal dispute with the Commission for some time already," a Luxembourg government source, who preferred not to be named, told EurActiv. The system, called feed-in tariffs, "is criticised by the Commission because it is assimilated to state aid", the source said.

In July this year, the Commission delivered a ruling which said that feed-in tariffs in Austria had to be assimilated to state aid. However, it noted that the scheme was in compliance with the EU directive on the promotion of green electricity and authorised it. But it also ordered Austria to strip the scheme of a levy paid by final consumers on their electricity bill as it considered that this was leading to discrimination against imported electricity which did not receive the aid.

"What's important is that we can keep a firm base to support renewable energies," the Luxembourg source underlined, saying "there are EU objectives that we need to achieve". "We have difficulties understanding what the priorities are. This will not reassure investors."

Claude Turmes, a Green MEP from Luxembourg, says that there are internal disputes at the Commission over what kind of support scheme Brussels should publicly endorse. He says the dispute pits the competition and enterprise directorates against environment and energy.

"This is a political manoeuvre," says Turmes, who points out that if the Luxembourg feed-in pricing system collapses, the German one will follow. "In Germany, power utilities do not like the feed-in tariff system because it allows many new companies to enter the market." This, Turmes says, resulted in a 6% loss of market share representing "millions of euros of business". "DG Competition is wasting its time attacking 5% of the market share," he added.

In November 2005, the preliminary findings of a Commission inquiry highlighted lack of competition in the energy sector as a cause of major concern and criticised member states for keeping their markets closed to foreign competitors.

Next steps: 
  • A decision on the Luxembourg state aid case is expected in the coming months.
  • December 2006: final results of the Commission competition enquiry in the energy sector.
  • December 2007: Commission to review the need for harmonisation of support mechanisms for renewable electricity.
Background: 

A pending case between the Commission and Luxembourg relating to state aid for green electricity was denounced by the European Environmental Bureau (EEB) as running contrary to the EU's objective of promoting renewable energies.

In a 2001 directive, the EU set itself a target to increase the share of electricity produced from renewable energy to 21% by 2010. However, member states remain free to choose their preferred system to support green electricity. These are mainly:

  • Feed-in tariffs which oblige grid operators to purchase green electricity at a fixed (higher) price in order to compensate for the difference with the market price, and;
  • quota systems (or 'green certificates') where governments determine a minimum share of power to be produced from renewable sources.

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