The Estonian Government has transposed the CEC definition into its Electricity legislation. It uses the term ‘energy community’. It foresees a very open concept of forming energy communities, essentially allowing anyone to participate. Furthermore, any legal form that is capable of being used by an energy community is eligible to become one. There is little to no elaboration of the criteria contained in the Electricity Directive, notably effective control. Furthermore, no regulatory authority is appointed to oversee the registration of energy communities and compliance with the EU criteria. As such, there is a large risk of corporate capture and abuse of the concept.
Criteria of EU definition reflected in national definition
- Voluntary and open participation is covered
- Effective control is not covered
Level of detail in the elaboration of principles contained in EU criteria
- Control – energy communities must be controlled by natural or legal persons. The explanatory section to the legislation states that only members who do not engage in large-scale business and for which energy is not the main area of economic activity should have decision-making power. However, there is nothing in the legislation that requires effective control to the extent that it complies with the CEC definition.
- Members can leave an energy community with 6 months notice
Clearly defined purpose
Copy-paste of the EU definition.
ICA cooperative governance principles reflected
Voluntary and open participation only.
Legal entities allowed
Partnerships, limited partnerships, private limited company, public limited company, for-profit association or any other company that, in its main business, can define itself as an energy community. Any legal forms that exist under the Commercial Code or Non-Profit Association Act can be an energy community.
Citizen participation is ensured
Designated authority to oversee
Number of definitions
Coherency between both definitions