Foreword: Paavo Lipponen – former Prime Minister of Finland (1995-2003)
Introduction:
Michaël Hunt - Université Catholique de Louvain & CMS DeBacker
Kim Talus - University of Helsinki
Bram Delvaux – IMER - K.U. LEUVEN
Section I: Constitutional issues in the energy sector
Chapter 1 -Vertical Division of Competences in the Energy Field between the European Community and its Member States - Some Remarks on the Evolution of European Energy Law and Policy.
1. Introduction
2. The basic rules and principles of the vertical division of competences
A. The principle of conferral of competences
B. The pre-emption-doctrine, the principle of loyal cooperation subsidiarity and proportionality principle
3. The existence and the nature of the community competences
4. EU acquis in energy law and policy
A. Current legal basis in the EC Treaty allowing Community action in the field of energy
B. Future legal basis in the EC Treaty allowing Community action in the field of energy
5. Conclusion
Bram Delvaux – IMER - K.U. LEUVEN
Section II: Liberalisation of the electricity and gas markets
Chapter 1 - European Electricity and Gas Market Liberalisation. Background,
Status, Developments.
1. Introduction
2. Third Party Access
A. Electricity transmission & distribution, gas transmission & distribution, LNG infrastructure
B. Transit
C. Gas storage
D. Upstream Gas Pipelines
3. Unbundling
4. Regulatory Authorities
5. Public Service Obligations
6. Derogations
A. Electricity & gas: new infrastructure
B. Electricity & gas: exemptions for small DSOs from legal and functional Unbundling
C. Electricity & gas: PSO
D. Electricity:small isolated systems
E. Gas: take-or-pay contracts
F. Gas: isolated and emergent markets
7. Final remarks
Frederik Vanden Driessche and Wouter Geldhof (Lawyers from Stibbe)
Chapter 2 - Ownership Unbundling: the Main Legal Issues in a Controversial Debate.
1. Introduction
2. The Creation of a European Integrated Energy Market: the Current Picture
A. The energy and climate change package
B. The European Council action plan
C. The third energy package
3. The Ownership Unbundling Debate
A. Overview of latest developments
B. Ownership unbundling and the proposed amendments to the gas and electricity Directives
4. Ownership Unbundling from an Economic Perspective
5. Ownership Unbundling from a Legal Perspective
A. OU and issues of competence
B. OU and ownership rights
C. OU and its relationship with the free movement of capital and the freedom of establishment
1. The relationship between the free movement of capital and freedom of establishment
2. The relationship between both freedoms with regard to OU
3. The justification of a breach of Article 43 EC or Article 56 EC
a) Non-discriminatory nature of the provision
b) Existance of an overriding reason of public interest
c) The proportionality test
6. Conclusion
Michaël Hunt - Université catholique de Louvain - CMS DeBacker
Chapter 3 - EC Antitrust Enforcement in the Aftermath of the Energy Sector Inquiry: a Focus on Long-term Supply Contracts in Electricity and Gas.
1. Introduction
2. The Energy Sector Inquiry
A. General Findings
1. Market concentration/market power
2. Vertical foreclosure
3. Market integration
4. Transparency
5. Price formation
B. Long-term contracts
1. Long-term supply contracts and spot market deepening
2. Long-term supply contracts and market foreclosure
3. The Framework of Analysis at the European Commission
4. The Recent Cases Concerning Long-term Supply Contracts: a New Methodology to Analyze Foreclosure in
Liberalized Energy Markets
A. Long-term supply contracts in the energy sector: anti-competitive effects and efficiencies
B. Cases
1. Elements external to the relationship
2. Elements internal to the relationship
5. Conclusion
Adrien De Hauteclocque - University of Manchester
Chapter 4 - The Nordic Electricity Market and the Regulation of the TSOs – is there need for more harmonised Regulatory Set-up.
1. Power generation in the Nordic countries
2. The Nordic Power Exchange
3. The Transmission of Electricity and the Nordic Transmission Operators
4. Relevant market area in wholesale and generation: Nordic or national?
5. Developing the Nordic Power Market
6. Regulation of Nordic Transmission System Operators
A. Tariff regulation
B. Investments
7. Conclusion
Antti Kivipuro - Legal adviser, Finnish energy market
Section III: Security of supply
Chapter 1 - Security of Supply- An Increasingly Political Notion.
1. Introduction
2. EU Energy Security Discussion in the New Millennium
3. Definitions of Security of Supply
4. Security of Supply and Energy Market Liberalisation
A. Preliminary issue – security of gas, electricity and oil supply
B. Market liberalisation as a threat to security of supply
5. Threats to the EU Security of Supply
A. External security of supply – insecurity of gas sources
1. Reserve depletion
2. Investment in gas fields
3. Insufficient diversification
4. International competition over gas resources
B. Source-related threats and their effect on EC energy law and practice
C. Internal security of supply – sufficient investment
6. Conclusions
Kim Talus, Researcher, University of Helsinki
Chapter 2 - The Relevance of a Triangular Approach to the Issue of Energy
Security in Europe: Russian Case as an Example
1. Introduction
2. The First Side of the Triangle: Economic Relations
3. The Second Side of the Triangle: Development Cooperation Policy
4. The Third Side of the Triangle: Common Foreign Policy
5. Conclusion
Dr. Sanam Salem Haghighi, ECONGAS
Chapter 3 - The Security of Electricity Supply and Infrastructure Directive:
The Right Aims but the Wrong Means
1. Introduction
2. The Objectives of the Directive
3. The Means for Promoting Investments in Electricity Generation Capacity
A. Regulatory point of departure
B. The obligation to define roles and responsibilities
C. The obligation to facilitate a stable investment climate
1. The need to promote investor certainty
2. The establishment of liquid wholesale markets
3. Transparent and stable regulatory framework
D. Market intervention in the interests of security of supply
4. Conclusion
Henrik Bjørnebye – Researcher, Scandinavian Institute of Maritime Law
Section IV: Climate Change, Renewables & Energy Efficiency
Chapter 1 - EU Climate Change Policy: is it Adequate, is it Fair?
1. Introduction
2. Key elements of EU climate change policy
A. The Target
3. The distribution of the burden
A. Between the EU and the rest of the world
1. Sharing the effort and the clean development mechanism
2. The use of proceedings from auctioning
3. The role of biofuels
B. Between EU Member States
1. Burden sharing of emission reductions
2. Burden sharing in the promotion of renewable energy
3. Between economic sectors
4. The principle of proportionality as a tool to assess EU climate change policy
A. The test of proportionality
1. The test of appropriateness
2. The test of necessity
3. The test of proportionality stricto sensu
4. The test of judicial review
5. The application of the test in the context of environmental policy
B. The principle of proportionality in the distribution of burdens
1. The test
2. The application of the test in the context of environmental policy
5. A brief analysis of EU climate change policy in the light of the triple test of proportionality
A. In relation to the entire EU climate change policy
1. The target and the test of proportionality
2. EU climate change policy and the test of proportionality
B. Individual measures in the light of the test of proportionality
6. The principles of proportionality and equality in the distribution of the effort from the perspective of European Courts
7. Conclusions
Decendra Javier – University of Maastricht
Chapter 2 - Carbon Capture and Storage: Becoming a Regulatory Reality in Europe
1. Introduction
2. Technical Overview
3. Background Policy Initiatives
4. The New Proposed Directive for CCS
A. New provisions in the Commission’s proposed framework on CCS
1. Selection of sites for storage
2. Storage permit
3. Monitoring and reporting
4. Inspections
5. Corrective measures
6. Closure and transfer of responsibility
7. Third party access
8. Summation of new provisions on geological storage
B. Provisions in the Commission’s proposed framework on CCS to amend the IPPC Directive
C. Provisions in the Commission’s proposed framework on CCS to amend the EIA Directive
D. CCS in the EIA and IPPC Directives
5. Proposed Amendment to Incorporate CCS in the EU ETS
6. Other Legislative Issues: Barriers and Alternative Frameworks
A. Waste legislation
B. The Strategic Environmental Assessment (SEA) Directive
C. International legislation
1. The London Convention, 1972, and the 1996 Protocol
2. Climate change policy and UNFCCC
7. Conclusions
Meghan White - ENHESA
Chapter 3: Recent Energy Efficiency Developments at EU Level
1. Introduction
2. End-use Efficiency and Energy Services
A. Directive 2006/32/EC on the promotion of end-use efficiency and energy services
1. Introduction
2. Most important measures in the Energy Services Directive
a) National indicative targets
c) Role of the public sector
e) Concept of energy services
f) National Energy Efficiency Action Plans (NEEAPs)
g) Other specific measures
3. Energy Performance of Buildings
A. Directive 2002/91/EC on the energy performance of buildings
1. Introduction
2. Most important measures in the EPB Directive
a) Calculation methodology for the energy performance of buildings
b) Minimum standards for the energy performance of buildings
c) Building certification
d) Air conditioner/boiler inspection
3. Specific remarks on the implementation of the EPB Directive
4. Future of the current EPB Directive
5. Initiatives towards an adapted version of the EPB Directive
a) Extension of the scope of application of the EPB Directive
b) EU minimum requirements
c) Approach towards very low energy or passive houses
d) Financing measures and incentives
e) Further EU harmonisation of EPB measures
f) Enforcement and monitoring
4. Energy Labelling and Eco-design
5. EU Energy Efficiency and the Commission’s Proposal Package of January 23,
2008
6. Concluding remarks
Wouter Vandorpe - Lydian
Chapter 4: Take-or-Pay Contracts for Renewables: an Analysis of European Legal Issues
1. Introduction
2. Long-term Take-or-Pay Contracts for Renewables
3. Transitional Regime
A. Framework
B. Legal issues
1. The framework of fundamental rights law
c) Which type of infringement
iii) Interference with peaceful enjoyment
iv) Conclusion on prima facie infringement
d) Justifiability of infringement and questions of compensation
i) Public interest/general interest
2. Fundamental rights and the free movement of goods
3. Fundamental rights under UK law – the Human Rights Act 1998
4. EC State aid law
4. Legal issues relating to the proposed new scheme
A. EC State aid law
1. State resources
2. Notification and justification
B. Antitrust law
1. Restrictions upon a Member State’s activities
2. Behaviour of undertakings under the scheme and under antitrust law
a) Competition law does not actually apply at all
b) Application of the EC block exemption Regulation on vertical agreements
c) Application of the Article 81 (3) EC/s. 9 CA 1998 exemption
C. Legal analysis of the proposed scheme – conclusions
5. Conclusions
Angus Johnston - University of Cambridge
INDEX OF ACRONYMS IN THE TEXTS
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Publication date: November 2008Publication price: 75 EUR
