All current proposals from both the European Commission and the Parliament regarding restrictions for trade of renewable energy are in breach with EU legislation.

This is the conclusion RECS International draws from a detailed legal study. RECS International proposes a pragmatic solution that will prevent lengthy legal procedures. Through a step wise approach the EU trade should be liberalised, reaching a cost-efficient internal market for renewable energy by 2020. Free cross border trade is a key aspect of the European Community and of the EC Treaty. In an increasingly liberalised electricity market, any restrictions to trade of renewable energy and Guarantee of Origins (GOs) on the basis of the geographical origin of these products are to be valued as breaches of primary EU laws and the Case Law of the ECJ. Therefore, the proposals from the Commission and the amendments proposed by parliamentary 'rapporteur' Claude Turmes cannot be justified. RECS International proposes a stepwise opening of the renewable market towards an opening of 80% in 2020. A stepwise opening of the market implies some market barriers in the transition period up to 2020. RECS International proposes to implement barriers only on the export side rather than barriers on the import side. This very pragmatic solution is based on the experiences with certificate trading over the last 5 years. RECS International calls upon the European Commission, the Parliament and the Council to consider the proposal of RECS International very carefully. The proposal does not jeopardise the existing successful support systems, it stimulates Member States to start opening their borders in order to get ready for a fully open and cost efficient European market for renewable energy.