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UN panel blows cold air on EU renewables policy

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Published 31 August 2012, updated 07 November 2012

A United Nations body has found that the European Union has failed in its commitments towards transparency and public participation in renewable energy policies - a move which has been hailed as a victory by wind farm opposition groups.

The Compliance Committee for the Aarhus Convention, an international agreement on environment policy transparency, claimed the EU - which is a signatory - has failed to put in place a proper regulatory framework and clear instructions on how to consult local populations in their renewable energy plans.

In the firing line are the national renewable energy action plans (NREAP) that all 27 EU countries have submitted under the 2009 renewable energy directive.

It also reported that the EU had failed to properly monitor the implementation of such an energy action plan in Ireland, and ensuring there was sufficient public participation in drawing up the plan.

More transparency

The compliance committee - which is not a judicial body, so cannot sanction signatory countries - offered recommendations for the EU’s future compliance.

The advisory panel urged the EU to adopt a “proper regulatory framework and/or clear instructions” for implementing NREAPs, in order to “ensure that the arrangements for public participation in a member state are transparent and fair and that within those arrangements the necessary information is provided to the public.”

It also called for the EU allow for “sufficient time for informing the public and for the public to prepare and participate effectively, allowing for early public participation when all options are open, and ensuring that due account is taken of the outcome of the public participation,” adding that it should “adapt the manner in which it evaluates NREAPs, accordingly.”

Fanning opposition flames

Opposition groups have hailed the Compliance Committee findings as a victory against the EU’s plans to construct more wind farms, which they view as an eye-sore and ineffective in reducing CO2 emissions.

The European Platform Against Windfarms (EPAW) and the World Council for Nature (WCFN) released a joint statement on 26 August claiming a victory over an EU policy that was “riding roughshod over both the health of its [the EU’s] citizens and the protection of natural reserves”.

The author of the initial complaint, Pat Swords, an Irish chemical engineer, called on the member states’ renewables plans to be “suspended”, saying the plans had been "imposed from the top down without properly informing and consulting the people."

Swords also said that there was not enough evidence proving the effectiveness of wind farms in reducing CO2 emissions, claiming that “a number of studies by independent engineers have shown that they may be saving none.”

Julian Scola, communication director for the European Wind Energy Association (EWEA), told EurActiv that they were looking into the complaint, saying it appears to be a matter “about Ireland which EPAW claims has a wider significance.”

Scola said EWEA was also seeking “clarification from UNECE [UN economic commission for Europe] and from the Irish government.”

A difference of opinion

When the case was first brought to its attention in 2009, the European Commission made clear it did not share Swords’ opinion.

“It is clear from Mr Swords’ communication to the Committee that he does not like renewable energy and wind energy in particular. He is entitled to his opinion but the European Union for one does not share it,” the Commission said in a statement, adding that “the expansion of renewable energy is of critical importance to the preservation of our environment for future generations.”

The slap on the wrist by the UN panel is expected to raise eyebrows at the Commission, which also has to juggle the expectations of its public, the vast majority of which is in favour of swift action on renewable energy.

In a reply to the Aarhus Compliance Committee draft findings, the European Commission had said it “came as a surprise when the Committee transforms this obligation [to make provisions for public consultation] into an obligation to have a ‘legislative’ framework”, since the provision does not mention legislative action.

The EU executive also said that requiring the EU to make any changes to its legislation would “go beyond the text of the convention” but that it was looking into ways it could improve public participation in environment plans and policies.

Commission spokesman for environment and climate change, Cezary Lewanowicz, told EurActiv that most of the EU executive's comments were taken into account and accepted by the UN panel for its final findings.

As such the final document only appeals for "clear instructions" for public participation as opposed to statutory changes.

Lewanowicz said the Commission intends to issue such clear instructions to member states when they update their NREAPs.

One environmental campaigner in Brussels, who preferred not to be named, said EPAW / WCFN were "all too clearly trying to make a mountain out of a molehill."

Blow to anti-wind farm groups

Meanwhile in Britain, the Institute for Public Policy Research (IPPR), a think-tank, has chipped into the mounting evidence for the efficiency of wind farms as an energy source.

The report, published 30 August, concludes “unequivocally that wind power can significantly reduce carbon emissions, is reliable, poses no threat to energy security”.

IPPR went on to say that turbines were “technically capable of providing a significant proportion of the UK’s electricity supply with minimal impact on the existing operation of the grid.”

Positions: 

Claude Turmes, vice-president of the Greens/European Free Alliance, said his European Parliament group "explicitly asked the government to involve stakeholders." Turmes said the only area which could be improved in the formulation of NREAPs was how "often and extensively" the country involved stakeholders, but he said he could not comment on the specific situation in Ireland.

Turmes added that the EPAW/ WCFN statement was a "lobby exercise" that "really overstretched" what was written in the original UN document, and was "twisting information". He said it was "dishonest to suggest the UNECE would make such a statement."

EurActiv.com

COMMENTS

  • "The slap on the wrist by the UN panel is expected to raise eyebrows at the Commission, which also has to juggle the expectations of its public, the vast majority of which is in favour of swift action on renewable energy."

    Now how can they say the vast majority of the public supports swift action if they aren't doing public consultations? Maybe they are afraid that the "public" is tired of rising energy costs & really DOESN't want more wind farms? Maybe the "public" is tired of pandering to extremists who make exaggerated and false claims about the "environment"? Maybe the public wants swift action to reduce their taxes by getting rid of the over-gorged government bureaucrats who keep forcing unwanted regulations down their throats?

    Why not ask the "public"?

    By :
    Geoff Sander
    - Posted on :
    01/09/2012
  • This Communication, which resulted in the findings and recommendations by the UNECE Compliance Committee, was taken in my name. It would be benefitial if those named above educated themselves on the Rights and Obligations in the Convention before they are so vocal with their comments.

    One of the key obligations of the Convention is that of integrating environmental considerations in Governmental decision making and the consequent need for public authorities to be in possession of accurate and up to date environmental information.

    Section 5.3 of the NREAP template contained a table in which the expected greenhouse gases, expected costs, expected job creations and expected energy produced were to be filled in. Nineteen of the Member States left this complete blank. It was an optional section, as the EU Energy Commissioner stated 'to avoid an excessive administrative burden on the Member States'. Other Member States 'fudged it', such as the UK's Renewable Energy Strategy / NREAP which addressed no environmental considerations. These NREAPs therfore completely failed to address environmental considerations and are therefore not lawful.

    While 100,000 MW of wind energy has been installed to date there are no verified emission savings, just false claims. Engineering analysis is clearly showing that the claims made are grossly overestimating the contribution wind energy is making to actual emission and fuel savings. The Aarhus Convention is a binding part of EU law and citizens have to be provided with access to a legal system, which is fair, equitable, timely and not prohibitively expensive, to challenge acts and omissions of the authorities, such as above.

    By :
    Pat Swords BE CEng FIChemE CEnv MIEMA
    - Posted on :
    01/09/2012
  • The Communication above was taken in my name against the EU. It is clear that those in the article above have made little or no effort to inform themselves of the Rights and Obligations integral to the Convention, which since 2005 is a binding part of EU law.

    The principles of the Aarhus Convention are clear with regard to the “importance of fully integrating environmental considerations in governmental decision-making and the consequent need for public authorities to be in possession of accurate, comprehensive and up-to date environmental information”.

    Section 5.3 of the NREAPs was the only section which considered impacts. Nineteen of the Member States left this completely blank failing to fill out the table in relation to expected greenhouse gas savings, expected costs, expected job creation and expected energy produced. The others essentially 'fudged it', such as the UK where the Renewable Energy Strategy / NREAP contained no environmental considerations. According to the EU Energy Commissioner, this was an optional reporting requirement "to avoid an excessive administrative burden on the Member States".

    These plans are therefore illegal having by-passed the necessary evaluations and consultations on environmental considerations. Furthermore, the claims in relation to greenhouse gas savings in the NREAP progress reports are false, as these have failed to account for the very significant power station inefficiencies, which are occurring due to high intermittent wind energy input.

    As to who will enforce this ruling? There again seems to be a lack of awareness of the Convention in the article above. Article 9 of the Convention relates to access to justice in a legal process, which is fair, equitable, timely and not prohibitively expensive to challenge acts and omissions of the authorities. The EU has acted outside the law, huge costs and impacts on the environment have occurred. There is a Right to Good Administration and a Right to have damages made good (Francovich Judgement). As citizens tire of these costs and impacts, they will exercise these rights.

    Finally, public opinion polls and populism bestow no legal rights. There is a rule of law in the EU and in relation to this programme there have been systematic and repeated failures to comply with it.

    By :
    Pat Swords BE CEng FIChemE CEnv MIEMA
    - Posted on :
    02/09/2012
  • Funny that the IPPR report that came out in favour of the virtues of wind was written by 2 people who work for GL Garrad Hassen, a wind energy company. Who'd have though it??Theywere hardly going to say that wind was useless, were they? As usual vested interest groups who are set to make millions from the poor energy consumer are being allowed and are listened to by our ill informed ministers who then go on to make these decisons which do absolutely no good except to line their pockets too.

    By :
    Kim Terry
    - Posted on :
    02/09/2012
  • The Irish Government failed to replace outdated, undemocratic Irish legislation,(Foreshore Act 1933) before awarding 90- year foreshore leases to private developers for construction of two of the biggest offshore windfarms in the world close to the high amenity S. Dublin/Wicklow coastline. These leases (for 520MW Arklow Bank and 1100MW Codling Bank Wind Farms) were awarded in 2002 and 2005 respectively on the sole authority of the Minister for the Marine . As the undemocratic foreshore legislation permits, there was no statutory involvement of local authorities and no public right of appeal against the Minister's decision. Public consultation was so inadequate that not a single submission from the public was received with regard to the massive 1100MW Codling Bank Wind Farm,with 200 turbines, 12 km off S. Dublin. To this day , few people are aware of the massive development permitted in an inappropriate low key manner on protected shallow sandbanks, in full view of a coastline designated for its outstanding natural beauty.

    At the height of the Celtic Tiger era ,the developers were allowed to sell on the foreshore leases before construction, netting massive profit. Large tracts of Ireland's near shore zone were thus quietly transferred into the hands of international power companies with no Irish Government plan for renewable energy, no strategic environmental assessment and no democratic input from the Irish people. Thankfully, so far, only seven turbines have been erected out of total of 400 permitted in this undemocratic fashion.

    Why has the European Union turned a blind eye to this shocking example of inadequate Irish regulation and speculation ?. Well done to the UN Compliance Committee for the Aarhus Convention for calling the EU to task.It appears that enthusiasm for wind energy has blinded the EU to the huge democratic deficit involved in this scandal and, as the UN judgement indicates, to comparable democratic deficits in other countries . Action must now be taken by the EU and indeed by the new Irish Government to ensure that no offshore wind turbines are erected in Irish waters until full democratic consultation and right of appeal is introduced in line with good international practice.

    For further information on Ireland's inadequate marine governance see www.coastalconcern.ie

    By :
    James D
    - Posted on :
    02/09/2012
  • The other part of the Irish issue is that during the developments of the Massive Influx of Money awarded to it after joining the EU various projects were signalled as being wanting of Funds from the EU and the Irish Government completely in cahoots with the Consulting Engineers and Advisors (to which various major firms of Consulting Advisors were part_ so that when the results were made up and project prices were passed by the Fovernment they were inclusive on VAT at the going rate (when such projects did not qualify for same being Zero Rated) and when these were funded by the EU no rtepayment of the VAT portion was ever made.

    By :
    Karel
    - Posted on :
    05/09/2012
  • One of the largest firms of Advisors in this is that employed by Dublin Corporation in the incineration farce. The project here was so gerrymandered that the advisors have already gained ober €50 Million for repeating time and time again the same old story.
    No wonder Ireland went bankrupt when these organisations work so closse to each other.

    By :
    Victoria
    - Posted on :
    11/09/2012
Background: 

European Union countries have signed up to a binding EU-wide target to source 20% of their energy needs from renewables by 2020.

To meet this objective, they adopted an EU directive to promote renewable energies, which set individual targets for each member state.

Member states were asked to translate those targets into a National Renewable Energy Action Plans (NREAPs), which were approved by the European Commission in 2010.

(>> Read our LinksDossier)

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