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William-James Kettlewell

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William-James Kettlewell is a senior associate in the EU Competition and Regulatory Affairs Practice Group of the Brussels’s office.

On 14 September 2022, the European Parliament voted to adopt its negotiating position on the revision of the Renewable Energy Directive II. The Parliament agreed that its position should include a new headline target that 45% of all EU energy use would be sourced from renewable sources by 2030, and upward revised sectoral targets for buildings, transport and heating compared to the European Commission’s proposal.
There have been suggestions in the media that the EU ‘additionality’ requirements applied to the production of renewable fuels of non-biological origin, such as renewable hydrogen, have been effectively scrapped. This article clarifies the legal position in relation to the current status of the ‘additionality.’

EU flag in front of parliament

Following the launch of the RePowerEU package, the European Commission continues to develop the regulatory framework applicable to renewable fuels of non-biological origin (mainly renewable hydrogen). Two draft Delegated Acts that will have a significant impact on the hydrogen market have been published for public consultation under the Renewable Energy Directive recast (REDII, Directive (EU) 2018/2001).

Amidst a shift to a low-carbon economy, the EU Taxonomy is a mechanism aiming to accelerate the European energy transition. In our new podcast, EMEA EMI Talks, Andy Moody (Partner, London; Head of Disputes and Chair, EMEA Energy, Mining and Infrastructure Group) and William-James Kettlewell (Associate, Brussels; Member of the Baker McKenzie Energy Transition Group) explore the impact of the EU Taxonomy mechanism on businesses that are active in the energy and renewables sectors, as well as risks and opportunities in the energy, mining and infrastructure sector in EMEA.

We know that the construction and operation of buildings has an enormous impact on energy-related carbon emissions, contributing around 40% globally. To deal with this, many real estate investors are committing to transition their real estate portfolios to achieve net zero greenhouse gas emissions by 2050 or earlier. Owners, occupiers, investors and funders of the built environment will come under increased pressure to reduce emissions and substantiate their sustainability credentials.

The legal recognition of a type of fuel via the introduction of a legal definition and certification framework is a defining step in establishing a market for such fuels. Renewable hydrogen took this step when it was officially recognized and supported at EU level by the 2018 recast of the Renewable Energy Directive, joining biofuels and biogases, at least for what concerns its uses in the transport sector.