9 Conclusion
In this paper, we have investigated the prosumer concept in European energy law. We have first looked at the origin of the word ‘prosumer’ and its use to describe a pre-existing phenomenon in the energy market. Next, we have studied the coverage and limitations of the prosumer concept. Finally, we have looked at the concepts introduced in the Winter Package that relate to prosumption, and analysed how these concepts relate to each other.
The prosumer concept remains a novelty in the energy sector. Both the academic literature and European policymakers do not yet agree on the concrete coverage of the concept and many different definitions circulate. Several stakeholders have tried to remediate the current confused situation. For example, the Council of European Energy Regulators (CEER) has made good proposals for clarifying the definitions.(1) Council of European Energy Regulators, ‘Renewable Self-Consumers and Energy Communities’ (2017) VIII 3 <https://www.ceer.eu/documents/104400/5937686/Renewable+Self-Consumers+and+Energy+Communities-2/2f7ffa53-9b81-dbad-d49a-a6331d6d5150> accessed 18 January 2018. However, because these proposals retain the four different prosumer definitions of the Winter Package, they tackle the symptoms but not the cause.
We believe that the most appropriate solution is to have one broad prosumer definition. This will create legal certainty for prosumers and encourage greater prosumer participation. It would also capture the fundamental nature of the prosumer as one of the core players in the electricity system. In addition, a general definition would be more future-proof and technology-neutral, two essential qualities in such a fast changing environment.