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Priority Rules for Renewable Energy – Relevance in Times of Direct Marketing

Jana Nysten


Under Article 16(2) of the current Renewable Energy Directive 2009/28/EC renewable energy shall be granted guaranteed transmission and distribution, priority or guaranteed access to the grid and priority dispatch. In the discussions about the progress in the development of renewable energy, the integration into the market and the revision of the Renewable Energy Directive, the relevance of those rules in a future world with direct marketing of renewable energy has been questioned: Arguments have been made that in such a world, such ‘support measures’ would no longer be necessary and even give renewable energy producers unjustified advantages. It is the purpose of this contribution to explain why in particular the ‘priority dispatch’ as set out in the Renewable Energy Directive 2009/28/EC will remain very important for renewable energy producers in direct marketing. To that end, it will first be looked at the meaning of the three concepts ‘transmission and distribution’, ‘access’ and ‘dispatch’, in order to get a clear understanding of the obligations they create. Thereafter, a closer look will be taken at the implementation of those rules, taking the example of Germany. With these insights, it will become clear that priority dispatch, when understood in the terms of the Renewable Energy Directive, is not be confused with any purchase obligation or support scheme, and remains highly important for renewable energy even in times of direct marketing.

Jana Viktoria Nysten, LL.M, studied law in the Netherlands and the United States, and is admited to the Belgian Bar (advokaat) as well as the US Bar (NY, attorney at law). Since 2011 she has been working for Becker Büttner Held as a lawyer focussing on European renewable energy law. In addition to her daily practice, she is a frequent speaker at events and author of several publications. For correspondence: <mailto:jana.nysten@bbh-online.de>.

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