Implementing energy sharing in energy communities: A comparative legal analysis of Austria and Flanders

EU law empowers Citizen Energy Communities (CECs) and Renewable Energy Communities (RECs) to arrange energy sharing. Transposing the relevant EU law requires more detailed rules to define energy sharing, interpret ownership requirements, set applicable network tariffs, and regulate the charges and conditions imposed by other stakeholders. Austria and Flanders (Belgium) are pioneers in developing legal frameworks for energy communities. This article compares the implementation of energy sharing, highlighting differences in defining the obligations of energy communities, the alignment of interests between community members and suppliers, the application of network tariffs, and the adequacy of regulations regarding supplier-imposed conditions and charges. The comparative analysis reveals that Austria and Flanders face common challenges in ensuring that community members are protected from unjustified charges or conditions imposed by suppliers, as well as in facilitating multiple energy sharing agreements. Austria needs to address the technical and legal challenges of grid tariff reductions, close consumer protection gaps in energy sharing, and improve legal certainty and transparency. The Austria-Flanders comparison offers insights and policy recommendations for both jurisdictions and other EU Member States. • EU law empowers Citizen Energy Communities and Renewable Energy Communities to arrange electricity sharing. • Transposing the relevant EU law requires more detailed measures. • This study compares how Austria and Flanders (Belgium) implement energy sharing within energy communities. • The comparative analysis also identifies common and unique challenges. • It draws policy recommendations for these jurisdictions and other EU Member States.