Based on the hypothesis that regulation can be either a lever or a major brake for the development of renewable energy technologies, this research includes a legal analysis and assessment of the impact of the different national support schemes for RES and related implementation mechanisms in France, Germany and Switzerland, with a particular focus on cross-border effects. One focus will be the Renewable Energy Sources Act (EEG 2014 as amended in 2016, on the development of solar and wind energy). This new framework is designed to attract more investment by putting small and medium enterprises (SMEs) and large companies on an equal footing. Important issues will be the incentives for the implementation of prosumer models and the possibilities for cross-border participation and cooperation in tendering procedures.
The design of this new framework will be compared with the legislative framework in force in France (Ordinance 2011-1105 of September 2011 implementing Directives 2009/28/EC and 2009/30/EC of the European Parliament and of the Council of April 2009 in the field of renewable energy and biofuels), with a particular focus on the possibilities for cross-border participation in the respective support programs. Furthermore, both support schemes have to be examined for adjustment requirements due to the current reform of EU regulations.
An important aspect to be analyzed will be the coordination between the national and small-scale promotion of renewable energy and the EU-wide emissions trading scheme. The main features of a new legal framework for Germany, France and Switzerland are outlined, which would enable the development of renewable energies by using complementary regional potentials. Within this framework, legal recommendations are derived which would enable the three countries to identify and remove border-related barriers to increasing the RES share in the energy mix and to make optimum use of the complementary generation, demand and storage potentials for RES.
Finally, the analysis will provide a conceptual framework for reflecting on the concept of environmental justice in the context of renewable energy development. This will help to identify the legal requirements necessary for its implementation and thus, to further develop the legal framework through recommendations. An important aspect to be analyzed will be the coordination between the national and small-scale promotion of renewable energy and the EU-wide emissions trading scheme. The main features of a new legal framework for Germany, France and Switzerland are outlined, which would enable the development of renewable energies by using complementary regional potentials. Within this framework, legal recommendations are derived which would enable the three countries to identify and remove border-related barriers to increasing the RES share in the energy mix and to make optimum use of the complementary generation, demand and storage potentials for RES.
