Abstract
This introductory chapter will blend both legal and technical aspects of microgeneration systems in order to acquaint the readers with the concept and roles of microgeneration systems, the perception of the European Union and the ways of promotion and development through policies and legal instruments. These notions are fundamental for readers and practitioners in the field of microgeneration systems since a variety of factors work in close connection and have a profound influence on the development of microgeneration systems. This chapter will make short explanatory remarks about the evolution (1) of the European Union and the energy sector in Europe in the transition to decentralised energy production and extensive use of microgeneration systems. Afterwards, the challenges (2) confronting the European energy sector are presented in order to understand the way problems are tackled by the European Union through policies (3) and legal instruments (4) to comprehend the use, promotion and trend for development of microgeneration systems (5).
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Notes
- 1.
Article 2, Para’s 1 and 2 of TFEU
“1. When the Treaties confer on the Union exclusive competence in a specific area, only the Union may legislate and adopt legally binding acts, the MS being able to do so themselves only if so empowered by the Union or for the implementation of Union acts.
2. When the Treaties confer on the Union a competence shared with the MS in a specific area, the Union and the MS may legislate and adopt legally binding acts in that area. The MS shall exercise their competence to the extent that the Union has not exercised its competence. The MS shall again exercise their competence to the extent that the Union has decided to cease exercising its competence”.
- 2.
Article 4, Para. 2 of TFEU
“1. Shared competence between the Union and the MS applies in the following principal areas:
(i) energy.
- 3.
Article 194, Para. 1 of TFEU
“1. In the context of the establishment and functioning of the internal market and with regard for the need to preserve and improve the environment, Union policy on energy shall aim, in a spirit of solidarity between MS, to:
(a) ensure the functioning of the energy market;
(b) ensure security of energy supply in the Union;
(c) promote energy efficiency and energy saving and the development of new and renewable forms of energy; and
(d) promote the interconnection of energy networks”.
- 4.
The increase in environmental movements in the 1950s brought the concern for “sustainable development”. However, it was not until 1987, when the United Nations released the Brundtland Report (Report of the World Commission on Environment and Development: Our Common Future) that the notion of “sustainable development” was firstly framed (“development which meets the needs of the present without compromising the ability of future generations to meet their own needs”).
- 5.
Since 1985, the ECJ sought the importance of environmental protection in Procureur de la République v. Association de Défense des Bruleurs d'Huiles Usagées (See ECJ Case C-240/83). Sustainable developments was first enshrined in the Maastricht Treaty (1992) and reinforced in the Amsterdam Treaty (1997).
- 6.
Conerstones: 1990s, 2003, 2006, 2009 and lastly 2012.
- 7.
The energy markets were dominated by national monopolies that wanted to preserve their status quo. See also Sect. 2.
- 8.
For instance in France, where the markets were dominated by giants such as EDF and GDF.
- 9.
The unbundling process started from unbundling Transmission System Operators (TSOs), Distribution System Operators (DSOs) to nowadays unbundling consumers, the last link in the energy chain and engaging them in the internal energy market. This is also the reason for previously starting directly from the downstream market of microgeneration systems.
- 10.
- 11.
The climate and energy package: EU Emissions Trading Directive (EU ETS 2009/29/EC), Effort Sharing Decision (non-ETS 406/2009/EC), Carbon capture and geological storage (CCS 2009/31/EC) and Renewable Energy Sources Directive (RES 2009/28/EC).
- 12.
- 13.
- 14.
Article 1.
- 15.
Article 1.
- 16.
Preamble 1.
- 17.
Preamble 51.
- 18.
Article 37, (1), (j).
- 19.
Article 37, (1), (p).
- 20.
Annex I.
- 21.
Article 36, (d).
- 22.
Article 1 (Subject matter and scope).
- 23.
Preamble, Point (1): “Reduce greenhouse gas emissions”, “promoting security of supply” and “promoting technological developments and innovation”.
- 24.
Preamble, Point (4): “regional and local development, export prospects ” and Preamble, Point (6): “utilisation of local energy sources, increased local security of supply, shorter transport distances and reduced energy transmission losses”.
- 25.
Preamble, Point (4): “social cohesion and employment opportunities” and Preamble, Point (6): “income sources and creating jobs locally”.
- 26.
Preamble, Point (43).
- 27.
Article 13 (Administrative procedures, regulations and codes), (f): “simplified and less burdensome authorisation Procedures, including through simple notification if allowed by the applicable regulatory framework, are established for smaller projects and for decentralised devices for producing energy from renewable sources, where appropriate”.
- 28.
Defined by Article 2, (k) as “any instrument, scheme or mechanism applied by a Member State or a group of MS, that promotes the use of energy from renewable sources by reducing the cost of that energy, increasing the price at which it can be sold, or increasing, by means of a renewable energy obligation or otherwise, the volume of such energy purchased”.
- 29.
Article 13, (e): “administrative charges paid by consumers … are transparent and cost related”.
- 30.
Article 14, (1): “MS shall ensure that information on support measures is made available to all relevant actors, such as consumers…”.
- 31.
Article 14, (6): “MS … shall develop suitable information, awareness raising, guidance or training programmes in order to inform citizens of the benefits and practicalities of developing and using energy from renewable sources”.
- 32.
Article 15, (1): “For the purposes of proving to final customers the share or quantity of energy from renewable sources … MS shall ensure that the origin of electricity produced from renewable energy sources can be guaranteed as … in accordance with objective, transparent and non-discriminatory criteria”.
- 33.
Preamble, Point (3).
- 34.
Preamble, Point (7).
- 35.
Article 2, (4) as “the calculated or measured amount of energy needed to meet the energy demand associated with a typical use of the building, which includes, inter alia, energy used for heating, cooling, ventilation, hot water and lighting”.
- 36.
Article 1, (1).
- 37.
Article 2, (12): ‘energy performance certificate’ means a certificate recognised by a Member State or by a legal person designated by it, which indicates the energy performance of a building or building unit, calculated according to a methodology adopted in accordance with Article 3.
- 38.
Article 11, (1).
- 39.
Article 12, (4).
- 40.
However, for single building units rented out, MS can defer the application until 31 December 2015 as stated by Article 28, Para. 4.
- 41.
Article 12, (1), (a).
- 42.
Article 14, (1).
- 43.
Article 15, (1).
- 44.
Article 4, Para. 2: “ MS may decide not to set or apply the requirements referred to in paragraph 1 to the following categories of buildings: (a) buildings officially protected as part of a designated environment or because of their special architectural or historical merit, in so far as compliance with certain minimum energy performance requirements would unacceptably alter their character or appearance; (d) residential buildings which are used or intended to be used for either less than 4 months of the year or, alternatively, for a limited annual time of use and with an expected energy consumption of less than 25 % of what would be the result of all-year use; (e) stand-alone buildings with a total useful floor area of less than 50 m2”.
- 45.
Article 6, (1).
- 46.
Article 9, (1).
- 47.
Article 7, (1).
- 48.
Article 8, (2).
- 49.
Article 10, (6) and (7).
- 50.
Article 11, (4).
- 51.
Preamble 10.
- 52.
Article 1, (1).
- 53.
Article 1, (1).
- 54.
Preamble 8.
- 55.
Annex I Part II.
- 56.
Art 2, Points (38), (39).
- 57.
Preamble 38.
- 58.
Article 3.
- 59.
Article 4.
- 60.
Article 5.
- 61.
Article 6—“purchase only products, services and buildings with high energy-efficiency performance”.
- 62.
Annex XI, (2), (d).
- 63.
Article 9, Para. 2 (c).
- 64.
Article 12, Para. 1.
- 65.
Article 19.
- 66.
Article 15, Para. 5.
- 67.
Article 15, Para. 7.
- 68.
Article 15, Para. 1.
- 69.
Article 15, Para. 4.
- 70.
Article 12, Para. 2.
- 71.
Preamble 49.
- 72.
Article 20, Para. 4.
- 73.
Preamble 53.
- 74.
Article 1.
- 75.
Preamble 45.
- 76.
Preamble 1.
- 77.
Preamble 19.
- 78.
Preamble 33.
- 79.
See the incentives promoted by the Energy Efficiency Directive.
- 80.
“Efficiency is doing the things right; effectiveness is doing the right things”.
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Badea, G.V. (2015). Microgeneration Outlook. In: Badea, N. (eds) Design for Micro-Combined Cooling, Heating and Power Systems. Green Energy and Technology. Springer, London. https://doi.org/10.1007/978-1-4471-6254-4_1
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