Renewable Energy Sources in International and EU Legal Regulations

Abstract

The article presents issues relating to international and EU regulations in the field of renewable energy sources (RES). It discusses in a comprehensive manner the most important acts specific for the both regulatory platforms. Also presented are the most important objectives and premises, which these acts implement. The RES development, at both the international and Community levels, is presented in the context of activities undertaken within the energy policy framework at each of the concerned platforms. The description of the characteristics of international and EU legislation also refers to their significant impact on Polish legislation on renewable energy. DOI: 10.12736/issn.2300-3022.2013408 The article shows in a synthetic manner the characteristics of legal regulations in the field of renewable energy sources, both on the international and EU platforms. The alternative sources-based power sector is currently the fastest growing segment of the global energy sector1. The phenomenon of large-scale promotion of renewable energy is experienced throughout the world. This is done primarily through the instruments of energy policy2. According to many authors, now the conditions for renewable energy development are perfect. This is influenced by modern technical solutions, increasing awareness and positive social attitudes, and favourable policies alike3. Since Poland’s international and European commitments are becoming a driving force for the development of renewable energy sources4, the legal regulations on these two platforms are worth a closer look. The international regulations are mainly international agreements that bind Poland. One of the most basic acts is the climate convention of 19925. As a framework document, the convention contains provisions for the reduction of carbon dioxide to the atmosphere6. As for those times, these were very demanding provisions, especially with regard to Poland. Since the convention contains general provisions, they are detailed in supplementary agreements called protocols. The most important – from the point of view of this article – is the Kyoto Protocol7. Both of these documents are the most important acts of international rank, which pertain to RES issues. They both – the protocol in particular – have significantly influenced the development and promotion of RES in the international arena. For this reason these are subject to further discussion in the framework of international regulations. In addition, it should be emphasized that both the Convention and the Protocol were confirmed and ratified by the European Union and Poland8. The primary purpose of the Convention – as well as all documents adopted by the parties, and related to that act – is to stabilize greenhouse gas concentrations in the atmosphere at a level that will prevent negative interference with the climate. Provisions adopted in the Convention have significantly contributed to the formulation of rules of international counteracting climate changes. This document sets out the principles of responsibility R. Miklaszewska | Acta Energetica 4/17 (2013) | 92–96 1 Wiśniewski G., Potencjal inwestycyjny w energetyce odnawialnej do 2020 roku [Investment potential in renewable energy by 2020], http://wyborcza.pl/ myodnawialni/1,117398,10404703,Potencjal_inwestycyjny_w_energetyce_odnawialnej_do.html?as=1. 2 Łucki Z., Misiak W., Energetyka a spoleczenstwo. Aspekty socjologiczne [Energy sector and society. Sociological aspects], Warsaw 2011, p. 55. 3 Ibid. 4 Łysek M., Ocena ryzyka przyrodniczego przy realizacji inwestycji w odnawialne źrodla energii [Natural risk assessment in implementation of renewable energy capital expenditure projects] [in:] Gorski M., Prawo ochrony przyrody a wolnośc gospodarcza [Environmental law and economic freedom], Łodź – Poznan, Polska 2011, p. 301. 5 United Nations Framework Convention on Climate Change, signed in New York on 9 May 1992. Journal of Laws of 1996, No. 53, Item 238. 6 Augustyniak T., Prawne uwarunkowania rozwoju źrodel energii odnawialnej [Legal conditions for the development of renewable energy sources] [in:] CiechanowiczMcLean J., Bojar-Fijalkowski T., Prawo ochrony środowiska jako warunek prowadzenia dzialalności gospodarczej [Environmental protection law as a condition of business activities], Gdansk 2009, p. 199. 7 The Kyoto Protocol to the United Nations Framework Convention on Climate Change of 11 December 1997, Journal of Laws of 2005, No. 203, Item. 1684. 8 Swora M., Muras Z. (edit.), Prawo energetyczne, Komentarz [Energy Law, Commentary], Warsaw 2010, p. 141.