9 - The procurement of ‘green’ energy

Summary

Community energy policy

The context in which energy procurement takes place is complex, implicating at least three areas of European policy: energy, environmental and public procurement. Furthermore, energy policy is a field which deals with issues now recognised as being amongst the most urgent facing the Community but which has until now found no ‘bespoke’ legal basis within the Treaty. Energy policy measures must, therefore, be based on other Treaty provisions, notably those relating, on the one hand, to the internal market and, on the other, to environmental protection.

Until the coming into force of the Treaty of Lisbon one cannot, therefore, simply look to the EC Treaty to ascertain the objectives of Community energy policy. Instead one must examine a number of instruments which have mapped out the energy challenges which face Europe and the Community's emerging response. These suggest that European energy policy has, in particular, three key objectives. These are: (i) the maintenance of security of supply; (ii) maintenance and improvement of European competitiveness through further development of the internal energy market; and, (iii) last but absolutely not least, contributing to environmentally sustainable development and, in particular, reducing emissions of greenhouse gases so as to combat climate change. The radical changes that will have to take place within the European economy if these objectives are to be achieved should not be underestimated.