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Peculiarities of Legal Regulation of Use of Renewable Energy in the BRICS Member States
 
PIIS231243500022156-9-1
DOI10.18572/2410-4396-2019-3-108-112
Publication type Article
Status Published
Authors
Ekaterina M. Kologermanskaya 
Affiliation: Kutafin Moscow State Law University
Address: Russian Federation, Moscow
Journal nameEnergy law forum
EditionIssue 3
Pages108-112
Abstract

The article presents an analysis of the peculiarities of legal regulation of use of renewable energy sources in the member states of an international organization BRICS. The article examines the provisions of strategic planning documents, the main provisions of legislative acts. Each BRICS member state has its own peculiarities of legal regulation in the field of use of renewable energy sources. In this regard, it seems relevant to conduct comparative legal studies of the laws of the BRICS member states in order to ensure further development of legal regulation of use of renewable energy sources in the Russian Federation, and to perform work on international legal harmonization. Use in the legal regulation system of a state-funded renewable energy development fund, the funds of which are used to support research, develop demonstration projects of renewable energy sources, create projects for use of renewable energy sources in rural and cattle- breeding areas, create independent energy production systems using renewable energy sources in remote areas and on islands, etc. is of particular interest.

Keywordsenergy law, energy law of foreign countries, legal regulation of use of renewable energy sources
Received08.05.2019
Publication date01.09.2019
Number of characters12279
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1 According to experts, the BRICS member states (Brazil, the Russian Federation, India, the People’s Republic of China, the Republic of South Africa) have such economic potential that they can become four dominant economic systems by 2050 [1].
2 The BRICS Economic Development Strategy [2] defines main goals and objectives of this international association, partnership areas and priority areas of cooperation of the member states. Section 3 Energy deserves special attention. According to it, “contribution to use of renewable sources” of energy stands out as one of the priority areas for improvement of energy security in the BRICS countries. Moreover, focus on “new and renewable energy sources, energy conservation” is specifically mentioned as the main area of cooperation within the framework of BRICS in the field of science, technology and innovation.
3 On September 4, 2017, the Xiamen Declaration of the Leaders of BRICS countries [3] was signed within the framework of the BRICS summit in China. It reflected the following provisions: recognition of sustainable development, access to energy and energy security as key factors for overall prosperity and future of the planet; recognition of access for all to clean energy and renewable energy sources; contribution to development of open, flexible and transparent markets for energy raw materials and energy technologies; promotion of the most efficient methods for use of fossil fuels and wider use of gas, nuclear and water power, which will contribute to transition to a low-emission economy, expanded access to energy and sustainable development; maintenance of continued dialogue on creation of the BRICS Energy Research Platform, etc.
4 Let us dwell in more detail on the peculiarities of legal regulation of use of renewable energy sources for each of the BRICS countries.
5 Brazil. The modern energy market of Brazil is committed to sustainable development and for the most part it consists of hydro and regenerative energy, as evidenced by a 60% share of renewable energy in the energy sector [4].
6 Brazil adopted Ten-Year Energy Expansion Plans (PDEE), which are annually revised by the Brazilian National Council for Energy Policy (CNPE) [5]. Thus, in 2017, the Brazilian Ministry of Energy adopted a new Plan specifying the following policy objectives in the field of renewable energy: first, maintenance of the prevailing share of renewable sources and sources of greenhouse gas emissions amounting up to 80% of the total capacity; second, in the conditions of transition to renewable energy by 2022, the need for additional capacities is forecasted, which can be provided by storage technologies or adaptable heat power plants; third, despite development of hydrocarbon raw materials, in particular, expansion of the oil market, a stable high percentage of use of regenerative energy in the domestic energy market is guaranteed, not less than 47% by 2027, etc. [6] Summing up the given information, it can be concluded that Brazil rather clearly defines the political vectors and targets for expansion of the renewable energy sector both in the long and medium term, which makes it possible to comprehensively monitor and analyze various transitions and use of renewable energy sources in Brazil.
7 Brazil’s legal regulation of regenerative energy is based on several legislative acts although none of them contains definition of “renewable energy sources” or “clean energy”. Adopted in 1997, Law No. 9,478 establishes among general legal principles: use of alternative energy sources through economical use of available raw materials and applied technologies and environmental protection [7]. The legislation establishes some technical characteristics for such facilities: hydroelectric power plants with a capacity equal to or less than 50 MW (limited by 30 MW of energy introduced into the system) and solar, wind and biomass or qualified cogeneration in accordance with the standards set by the National Electric Energy Agency (ANEEL), with a capacity equal to or less than 300 MW [8].
8 The first legislative initiative related to introduction of RES in Brazil is based on the Proinfa project and it is implemented in accordance with Law No. 10,438 dated April 26, 2002. Through Proinfa, electricity producers can participate in Eletrobras bidding process for energy sales under the long-term energy trading agreements in the regulated environment (CCEAR) and at fixed and pre-set prices. This provision was reformed in 2004 as a part of adopted Law No. 10,848 dated March 15, 2004, which, along with other auctions, determines auctions specifically for RES.
9 Other normative legal acts that determine measures to stimulate transition to regenerative energy, powers of public authorities, establish responsibility of energy companies, etc. were also adopted in Brazil.
10 The Russian Federation. The basic document for strategic planning in the energy sector is the Energy Strategy of Russia for the Period up to 2030, in which it is planned to increase the relative volume of production and consumption of electric energy using renewable energy with the capacity up to 25 kW (except for hydropower plants with the installed capacity exceeding 25 MW) from about 1.5% up to 4.5%.

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