Avoiding Notifying Brussels: Don't Count on it!

I will have a detailed analysis this week of the changes in the new RES law and how they affect (do not affect) the need to have Brussels approve of the law.

The central fact to remember as I argued last week is that the Green Certificates are state aid and have never been notified or approved. Doing so is critical to their long-term viability. Existing plants can still opt to continue Green Certificates, so they remain part of the support scheme and cannot be indefinitely run as illegal aid.

More later, including an analysis of other parts of the proposal law against the new Guidelines and EU rules on competition.......

UPDATE:  I am waiting for a translation of the UKOK letter that defends the lack of a need to notify. I can tell immediately from the references that they make that they have grossly misread the law. The substitution fees that go to NFOSGW have always been held to be state aid, even in the decisions that they cite. UPDATE: They conclude that green certificates have to be notified. I see no difference in their opinion on this issue from my published material. I have see no text where they argue that the auction does not have to be notified.

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