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guaranteed a fixed remuneration for 20 years and priority for green sources in the
network of national power distribution. This regulation is a public incentive with
great support from the political class (LAIRD, STEFES, 2009, p. 2622).
As energy from renewable sources may be more expensive in its early
beginning, the legislation allowed the four major distributors (Eon, RWE, EnBW
and Vattenfall) to buy expensive energy from green operators and resell it in the
European Energy Exchange, which trades electricity, natural gas, permits for CO2
emissions and coal through spot and derivative contracts. Final consumers such
as residences, commerce, services and non-energy intensive industries pay for
the difference between wholesale and stock market prices. That marks the first
imbalance in the distribution of costs, an inequality that fuels much criticism.
Other sectors that receive additional tariff exemptions are energy-intensive
industries such as chemical and metallurgical, and factories that generate their own
energy. These exceptions preserve the competitiveness of the giants, burdening
small and medium-sized industries, residences, and commerce.
FiT tariffs were questioned in the European Court of Justice as a sort of subsidy
and, thus, a violation of free trade rules. In 2001, the Court dismissed the claims
as unfounded arguing that EU member states could oblige electricity distributors
to buy clean energy at a price above market value as long as they repassed the
costs to consumers. This interpretation also took into account the importance of
renewable energy for the environment and the reduction of greenhouse gases that
cause climate change (EUROPEAN COURT, 2001). Currently, more than two-thirds
of European countries adopt some form of FiT (LAIRD, STEFES, 2009, p. 2244).
In July 2016, German Parliament approved reforms, maintaining the fixed
remuneration system only for small producers, such as residences and commercial
business that had installed solar panels on their roofs. Medium and large providers
of clean energy must follow the market prices. Those reforms serve the interests
of traditional generators and non-tariff-free industries; on the other hand, by
maintaining fixed remuneration mechanism for smaller producers, the government
aims to guarantee operational and political support from the population. The
economic sustainability of the Energiewende will be under test from now on as
the visible hand of the state reduces its intervention.
The project receives increasing support from the population, although this
varies according to economy mood: more than 90% support Energiewende
(WETTENGEL, 2016). The popular participation is not restricted to ideas and
voting, as residential consumers bear much of the extra costs. By 2013, households