Waste heat inconsistencies in the EU's energy legislation

This paper critically examines the legal definition of waste heat and the provisions on waste heat in the European Union's Renewable Energy Directive (RED III). The legal definition is crucial for aligning waste heat with the overarching energy efficiency and renewable energy objectives and has direct implications for the efficient use of energy and national policies. The legal analysis identifies ambiguities and inconsistencies that may result in uncertainty and the non-implementation of waste heat measures. The paper concludes with recommendations to improve the clarity and derive practical applicability of the aforementioned provisions. • Waste heat is defined in the European Union's Renewable Energy Directive (RED III). • The definition is illogical, complex, only applicable for the use in district heating. • The RED III also prefers the use of renewables to waste heat. • This results in uncertainties for policy making and implementation of measures. • This paper proposes an improved and more universal definition of waste heat.