欧盟生物能源使用的法律监管原则

Svitlana Holub, N. Shinkaruk
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摘要

该研究的相关性是通过在欧盟法律领域提出和解决对生物能源等能源领域的监管问题来确定的。本文的主要目的是调查欧盟使用生物能源的法律规范的具体特征,以确定可用的问题和前景,可能的方法来改善欧盟在这一领域的法律规范,这也适用于乌克兰的法律制度。作者注意到了与2018/2001号指令的通过有关的新规定。研究这一问题的主要方法有:泛函法、逻辑分析法、综合法、演绎法等。这些规定对欧洲联盟能源部门及其成员国一般环境的影响也进行了足够详细的调查。特别关注科学家的立场和最近关于通过2018/2001号指令的诉讼。本文考察了欧盟生物能源法律法规的具体特点,分析了乌克兰和欧洲立法中生物能源和生物燃料的概念,并强调了欧盟关于促进使用包括生物质在内的可再生能源的指令的主要规定。研究发现,在欧盟,生物能源是供暖和制冷可再生能源的主要来源(占所有可再生能源的88%),占该领域欧洲最终能源消耗总量的16%。因此,考虑到使用这种资源的需求和需要,欧盟立法框架包含了一些原则和愿景,以规范作为生物能源主要原材料的生物燃料的生产、流通和废物处理领域的关系。欧盟关于生物能源使用的立法的基本原则包括:首先,可持续生产和消费生物质的原则;其次,防止在使用这种资源时减少不利后果;第三,到2050年,将替代能源的使用份额增加到最终能源消耗的75%。本文的材料对科学家和研究人员进行解决生物能源利用问题和优先考虑其他能源的研究具有实用价值。
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Principles of legal regulation of bioenergy use in the European Union
The relevance of the study is determined by raising and solving the issue of regulation of such a field of energy as bioenergy in the legal field of the European Union. The main purpose of this paper was to investigate the specific features of legal norms for the use of bioenergy in the European Union, to identify the available problems and prospects, possible ways to improve EU legal norms in this area, which are also subject to application in the Ukrainian legal system. The author paid attention to the new provisions that were implemented in connection with the adoption of Directive 2018/2001. The leading methods for studying this problem were the following: functional approach, logical analysis method, synthesis method, deduction method, etc. The impact of these provisions on the energy sector of the European Union and on the environment of its member states in general has also been investigated in sufficient detail. Special attention is paid to the positions of scientists and the recent lawsuit regarding the adoption of Directive 2018/2001. The paper examines the specific features of the legal regulation of bioenergy in the European Union, analyses the concept of bioenergy and biofuels in Ukrainian and European legislation, and highlights the main provisions of the European Union directives concerning the promotion of the use of energy produced from renewable sources, including biomass. It was found that in the EU, bioenergy is the leading source of renewable energy for heating and cooling (88% of all renewable energy sources), which is 16% of the total European final energy consumption in this sector. Therefore, considering the demand and need for the use of such a resource, the EU legislative framework contains a number of principles and visions for regulating relations in the field of production, circulation, and disposal of waste from biofuels as the main raw material for bioenergy. The fundamental principles in the EU legislation on the use of bioenergy include, firstly, the principle of sustainable production and consumption of biomass, secondly, prevention regarding the reduction of adverse consequences when using this resource, and thirdly, increasing the share of use of alternative energy sources to 75% of final energy consumption by 2050. The materials of this paper are of practical value for scientists and researchers who could conduct their research solving the problem of using bioenergy and give preference to other energy sources.
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