Energy Taxation, Environmental Protection and State Aids

Tracing the Path from Divergence to Convergence

Energy Taxation, Environmental Protection and State Aids
Comprising contributions from experts across the world, this book discusses the global challenges to be faced in establishing a fiscal framework for the energy sector.

Why this book?

Fighting climate change, protecting the environment and ensuring sustainable development are priority issues in the public agenda of governments at international, European and national levels. As a result, national legislators face the challenge of establishing a fiscal framework for the energy sector that promotes both security of supply and the sustainable use of energy, penalizing polluting technologies and rewarding the most efficient.

The liberalization of the energy sector in Europe is being achieved by using a combination of sector regulation and competition law. One of the European Union’s major objectives is to create an internal market for energy – that is, a competitive internal energy market as a strategic instrument with the objective of providing consumers with a choice of companies supplying gas and electricity at reasonable prices, and ensuring market access for all suppliers, especially at the retail level. From this perspective, the rules on State aid play an important role.

However, at a European level, large asymmetries exist in energy taxation. National rules between countries are not aligned, which may suggest the existence of barriers to competition and to the achievement of an internal energy market. Experts have addressed the topic of environmental taxes, analysing their suitability, scope, impact on various regulated sectors (water, waste and energy), etc. Nevertheless, the connection between energy taxation, competitiveness and competition law remains unexplored.

This book, published on a peer-reviewed basis, aims to fill the gap in the literature on energy taxation, by bringing together experts to discuss how a global problem of taxation can be approached with a global answer. Within this framework, the book focuses on various means by which the European Union can approach these issues, taking into account its legal constraints, including the prohibition of State aid within the internal market, as well as the aspiration to establish sustainable environmental protection, in line with the goals established in its supranational law.

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Sample excerpt, including table of contents

Energy Taxation, Environmental Protection and State Aids
Chapter 1: Energy Taxation, Climate Change and State Aid Policy in the European Union: Status Quo and the Need for Breakthroughs
Chapter 2: Environment and Taxation: State Intervention from a Theoretical Point of View
Chapter 3: Energy Tax Incentives: United States Perspectives
Chapter 4: Reflections on the Scandinavian Model: Some Insights into Energy-Related Taxes in Denmark and Sweden
Chapter 5: Environmental Taxes and Tax Incentives: The Spanish Model of Intervention
Chapter 6: Seeking the Rationale of the Current Framework of Energy Taxes: Would a Tax on Electricity Production Be a Good Option? The Spanish Case
Chapter 7: Design of Energy Taxes in the European Union: Looking for a Higher Level of Environmental Protection
Chapter 8: (Environmental) Border Tax Adjustments in Respect of Energy Taxes: Between Limits and Possibilities
Chapter 9: Challenges to China from Carbon Tax Border Adjustment under Global Climate Change and China’s Answer
Chapter 10: Seeking the Rationale behind the Current Concept of Fiscal State Aid: The EC Draft Notice and Beyond
Chapter 11: Taxes with Environmental Purposes and State Aid Law: The Relevance of the Design of the Tax in Order to Justify Their Selectivity
Chapter 12: State Aid Schemes for Environmental Protection in the Form of Tax Exemptions or Reliefs in Energy Taxes
Chapter 13: The System of State Aid for Environmental Protection: Internal Rules and European Principles
Chapter 14: Energy Taxes and Promotion of Renewable Energy Sources (RES): Combination of Excise Reliefs and Supply Obligations of RES Seen from the State Aid Perspective
Chapter 15: The Coordination of Energy Taxes and ETS via Tax Exemptions: The Compatibility Test in the Context of Free and/or Auctioning Allowances and TFEU Rules
Chapter 16: Competitiveness and Energy Services: Analysis and Fiscal Incentives
Chapter 17: Energy Tax Policy in an EU Context: Non-Discrimination, Free Movement and Tax Harmonization
List of Contributors