Energy and Brexit—renewable energy
Energy and Brexit—renewable energy

The following Energy practice note provides comprehensive and up to date legal information covering:

  • Energy and Brexit—renewable energy
  • Introduction
  • Key publications, legislation and announcements to date in relation to Brexit and renewables
  • Brexit and Renewable Energy Guarantees of Origin (REGOs)
  • Brexit and Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration (CHPGOs)
  • Brexit and renewable energy generation subsidy
  • Brexit and renewable microgeneration certification schemes
  • Brexit and carbon pricing under the EU ETS/the potential ‘Carbon Emissions Tax’
  • Renewable energy and the TCA
  • Climate change commitments, promotion and support of renewable energy
  • More...

Energy and Brexit—renewable energy

Introduction

This Practice Note tracks the key publications and announcements made to date in relation to Brexit and the Great Britain (GB) renewable energy sector. It also provides a brief explanation of the key areas where Brexit will have an identified and direct legal impact on the renewables sector.

On 23 January 2020 the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020) was adopted enabling the government to ratify the Withdrawal Agreement and implement its provisions into UK law. As a result of EU(WA)A 2020 the UK remains legally bound by EU law during the transition period agreed in the Withdrawal Agreement. 11 pm (GMT) on 31 December 2020 marks the end of this Brexit transition period. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes began to take effect across the UK’s legal regime. Any changes relevant to this content are set out below.

On 24 December 2020, the European Commission and UK government announced an agreement in principle on the legal terms of the future UK-EU relationship.

Announced just one week before IP completion day, the EU-UK Trade and Co-operation Agreement (TCA), together with associated agreements (including the Nuclear Co-operation Agreement and joint UK-EU declarations) came at the eleventh hour, leaving little time to put in place

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