Toimitusvarmuus energiamurroksessa - valtio turvaamaan sähkötehon riittävyyttä?
Avainsanat:
energiaoikeus, EU-oikeus, toimitusvarmuus, valtiontukiAbstrakti
Security of supply in the energy transition - the role of the State in ensuring adequate generation capacity
Security of supply is one of the central objectives of EU energy law. This objective is primarily pursued through establishing and maintaining a competitive internal market. However, EU Member States are increasingly questioning the ability of the internal market to guarantee security of supply, particularly within the context of the energy transition. To ensure that the uninterrupted availability of affordable energy is guaranteed throughout the energy transition, a majority of EU Member States have adopted or are planning to adopt capacity mechanisms, which compensate electricity producers for the availability of existing or forthcoming generation capacity. These national security of supply solutions raise a number of issues under EU law, particularly because they constitute a national exception to a well-established EU-level rule.
This article concerns the dynamics of national capacity mechanisms for security of supply in the EU legal framework. The focus of this doctrinal analysis is to demonstrate how the EU State aid regime both facilitates and restricts the legal instruments available for Member States to intervene with the functioning of the market in their pursuit of security of supply.
