INTRODUCTION

The European Union (EU) is committed to ambitious climate targets. Member States of the EU (hereinafter: Member States) are required to meet legally binding targets by 2020, 2030 and 2050, aiming to progressively reduce the emissions of greenhouse gas. Three targets are particularly relevant in the EU. For 2020, the 20-20-20 targets of the climate and energy package of 20 per cent greenhouse gas emissions reduction, 20 per cent of energy consumed coming from renewables, and a 20 per cent increase in energy efficiency. For 2030, the targets of the climate and energy framework, which require the EU as a whole to reduce greenhouse gas emissions by 40 per cent by 2030 compared to 1990 levels and the long-term strategic vision of the EU to achieve at least 80 per cent greenhouse gas emissions reduction by 2050.

Realising these objectives, however, turns out to be challenging. Many Member States are in the process of (partially) phasing out electricity production from coal as a measure to cut their CO2 emissions. Nevertheless, a comprehensive EU coal exit strategy is not provided in current legal frameworks and/or packages. Coal-fired power plants still account for nearly a quarter of electricity generation in the EU, offering jobs to an estimated 240,000 people, whilst serving the security of energy supply.

In this context, the societal and legal debates regarding the phase-out processes of coal-fired electricity production will be analysed in two Member States: the Netherlands and Germany. These countries have long but different relationships with coal-fired power plants as a means for electricity production. We focus on identifying and discussing the (legal) implications, bottlenecks and safeguards, both at EU level and the national level, that are relevant when phasing out coal for electricity production in these countries. To this end, we start by analysing the legal framework relevant to the phase-out of coal-fired power plants at the EU level (Section 2). After that, we describe the examples of the Netherlands (Section 3) and Germany (Section 4). Finally, general observations and conclusions are made (Section 5).