Why is an emergency law necessary?
With Russia running out of gas, the energy crisis is huge. First Moscow turned off the gas tap, then the main gas pipelines, Nord Stream 1 and 2, were blown up. This year, the European gas stocks are still largely filled with Russian gas, but that will no longer be possible next year. And the question is whether there is enough available of the alternative, liquefied gas (LNG). This leads to great uncertainty about filling the gas stocks next summer, for the winter of 2023-2024.
In order to become less dependent on Russian gas, Brussels EU member states must save on energy consumption and generate more renewable energy. The latter is therefore much too slow. “The ongoing crisis calls for temporary but immediate action,” said the Commission, which is now deploying an emergency law providing for measures during energy crises. This allows it to pass the European Parliament and the measures will take effect as soon as the member states agree.
Which measures are involved?
They are mainly intended to shorten the time normally required for the construction of renewable energy sources. For example, governments must process permit applications within a month for small solar parks (up to 15 kilowatts) whose power is used by the owner himself. If it takes longer, the permit applies as stated in the application and the applicant can start building.
Something similar applies to existing wind farms that are at the end of their lifespan. A new permit is required to install new, usually more powerful and higher wind turbines. Governments must also decide on this within a month. If the new turbines together provide 15 percent more energy, the permit can be granted for a maximum of one year. If governments react too late, then construction is allowed. The emergency law does not therefore apply to new wind farms, where the existing rules will continue to apply for the time being.
How does this Commission plan fall?
The renewable energy sector is positive. Earlier, the European umbrella organization of wind turbine manufacturers, WindEurope, already called on the European Commission to use the emergency law, because the energy transition is progressing much too slowly. The Dutch Renewable Energy Association (NVDE) is also satisfied. Not only to become independent of Russian energy more quickly, but also because the Netherlands is in danger of missing the climate targets. The Netherlands wants 55 to 60 percent less CO2 emissions by 2030, but without faster procedures that is a hopeless mission, says chairman Olof van der Gaag. ‘We are only at 14 percent renewable energy, while according to the EU this should be 45 percent by 2030.’
Residents of outdated wind farms are probably a lot less happy if old turbines can be replaced quickly by new, much higher and larger versions. There are still consultation procedures and objections can be submitted, which can considerably delay the construction process. It is not clear how the emergency law deals with objection procedures.
What’s wrong with the proposal?
The emphasis is on solar panels, wind turbines and heat pumps. Logical, says Van der Gaag, because these measures make companies and citizens in charge of their own energy supply. At the same time, the plans cover only a tiny fraction of the total energy production and demand.
What is missing in the plans is that governments designate areas where new, large solar meadows and wind farms can be erected without lengthy procedures. This spring, Commission President Ursula von der Leyen said she wants to designate marine areas where permits will be issued within a year. The procedure now takes at least five years. In the proposals that are now known, these so-called go to areas not mentioned.
Another downside is the complete focus on electrification and not on heat. Half of the energy consumption goes to heat, but the committee’s plans do not contain any proposals to accelerate the construction of heat networks and geothermal energy, for example.
It also says nothing about the construction of hydrogen factories. They require a relatively large amount of space and therefore lengthy procedures. Because green hydrogen is one of the important pillars of the energy transition, action is needed here too. Huge amounts of hydrogen are needed to make large companies such as steel producer Tata and fertilizer manufacturer Yara more sustainable. Also chemical park de Botlek near Rotterdam consumes a lot of hydrogen. They all have to become green, and that requires large factories. Shell is also building such a green hydrogen factory on the Maasvlakte.
The documents are also silent about infrastructure for charging electric vehicles. The Netherlands should not only drive electric, construction machinery (now often smoking diesels that emit a lot of nitrogen oxides) should also become electric. ‘This is especially necessary because we have to start building emission-free quickly because of all the nitrogen restrictions,’ says Van der Gaag.
The green sector and the construction sector also want a nitrogen exemption for projects that avoid high emissions during their lifetime, and that make Europe more independent from Russian energy. Almost all sustainable projects may be delayed due to last week’s ruling by the Council of State, which ruled that the general construction exemption must be abolished, because it is in violation of European nature conservation law. The construction world would like to see Brussels temporarily set aside this rule, but it doesn’t seem like that at the moment.