Full Description
This fourth volume of the ELRF book "EU Energy Law and Policy Issues", as with the previous versions of the book, presents an overview of some of the most recent developments taking place in the EU energy law and policy sector. In this respect, the reader will find a number of contributions which offer detailed and critical views on some of the main issues in this area. Over the years, the Energy Law Research Forum or the ELRF, has confirmed it has a role to play in the energy law and policy debate. Today, the ELRF includes most of the younger generation of EU energy specialists with an academic interest and the book has become a reference point for research and literature as well as the Court of Justice of the European Union. Over the years, the Court has processed several energy related cases and has referenced the book several times. This edition covers topical issues ranging from exemptions and derogations in EU energy acquis, pricing, access, investments, nuclear energy, external energy relations as well as the role of regulatory authorities in the EU and beyond.It will surely prove to be an essential piece of reading for lawyers, legal advisers, academics or students engaged in the field of energy law.
Contents
About the Authors introduction Chapter I 'opt-out' clauses for EU Energy islands in the Third Liberalisation Package: striking Balances? A3drien de Hauteclocque and Nicole Ahner 1. introduction 2. The derogation regime under the third package for energy islands a. derogations for small isolated systems (electricity) B. derogations for isolated markets (gas) c. Emergent markets (gas) 3. The specific derogations to unbundling rules for TSOS (gas and electricity) a. The unbundling regime B. Express derogation from unbundling 4. The powers of national regulators in isolated and emergent markets: the case of the Cyprus gas market a. The gas sector in Cyprus B. Legal qualification of DEFA and the LNG Terminal company pursuant to directive 2009/7 c. rationale and application of the derogation system in the future Cyprus gas market 1. Express derogation 2. derogation for new infrastructure under article 36: room for new powers to CERA? 3. interim conclusion d. remaining powers of CERA on the LNG terminal company and DEFA after transposition 5. conclusion Chapter II regulatory Exemptions for Electricity interconnectors: the Experience of Existing European cases Michael Cuomo 1. introduction 2. The exemption mechanism 3. regulatory provisions from which a project may be exempt 4. Exemption application procedure 5. The existing EU exemption cases a. EstLink (2005) B. Britned (2007) c. East-west cables (2008) ('Imera') d. Tarvisio-arnoldstein (2010) 6. conclusion Chapter III Between Public and Private responsibility for the Management of spent Fuel and radioactive waste in EU Member states Jakub Handrlica 1. introduction 2. Between public and private responsibility for management of sF and raw: blurring borders between the 'polluter pays' principle and the state's responsibility to protect a. strategic perspective: sF and raw as a matter of state interest B. safety perspective: sF and raw as a source of risk c. scientific and technical perspective: sF and raw as a scientific and technical challenge d. Financial perspective: sF and raw as a challenge to long term financial management E. socio-political perspectives: sF and raw as a challenge for political commitment 3. Between public and private responsibility for the management of sF and raw: international and European law a. allocation of responsibilities under international law 1. The Joint convention on the safety of spent Fuel Management and the safety of radioactive waste Management of 199 2. The Paris convention on Third Party Liability in the Field of nuclear Energy of 1960 and its Protocol of 2004, the Vienna convention on civil Liability for nuclear damage of 1963 and its Protocol of 199 B. allocation of responsibilities under European law 1. Two reports on the management of financial resources for the decommissioning of nuclear installations, spent fuel and radioactive waste (2004, 2007) 2. council directive 2011/70/Euratom of 19 July 2011 establishing a community framework for the responsible and safe management of spent fuel and radioactive waste 4. Between public and private responsibility for management of sF and raw: situations in selected Member states a. Finland B. France c. Czech Republic d. Slovakia 5. conclusions Chapter IV competition Law and nuclear regulation: a European Perspective Rasa Ptasekaite 1. introduction 2. The TFEU 3. The Euratom Treaty a. competition aspects B. state aid 4. The interaction between the Euratom Treaty and the TFEU a. general competition rules B. state aid 5. conclusion Chapter V opening access to nuclear Facilities Cedric Degreef, Wouter Geldhof and Michael Hunt 1. introduction 2. opening access to nuclear facilities in France a. structure of the French electricity market B. TarTaM c. The noME act and the arEnH decree 3. opening access to nuclear facilities in Belgium a. structure of the Belgian electricity market B. nuclear rent c Postponed decommissioning of Tihange 1 release programmes 2 single Buyer d drawing rights 4 regulated access to nuclear facilities as a public service obligation 5 The right to property 6 state aid a state aid to competing producers/suppliers or other beneficiaries B state aid to the operator of the nuclear power plant 7 The Essential Facilities doctrine: an alternative way of opening access to nuclear facilities? 8 conclusion chapter Vi non-EU national investors' Legal status under the European Union Law after the Treaty of Lisbon ozge Varis 1 introduction 2 Extended version of the European Union common commercial Policy 3 The European Union energy policy: past, present and potential future 4 non-EU national investor in the energy sector within the European Union Member states 5 a short case study: The Energy charter Treaty and the European Union a investor-state disputes B state-state dispute 6 conclusion chapter Vii Legal issues concerning the decentralised Energy Production investment climate: subsidies, Tariffs and Priority access and dispatch Thomasderuytter and wouter geldhof 1. introduction a The renewable energy objective B Electricity production from rEs vs. decentralised production vs. distributed generation 2. issues affecting the investment climate in decentralised production a. support - subsidies 1. introduction 2. start-and-stop policies 3. intermediary conclusion B. Tariffs for grid use 1. introduction 2. case study (a) injection tariff (b) grid fee (c) intermediary conclusion 3. injection tariffs and capacity tariffs (a) general (b) capacity tariff 4. competent body 5. intermediary conclusion c. Priority access, guaranteed access, and priority dispatch 1. general 2. Priority access and guaranteed access 3. Priority of dispatch 3. conclusion chapter Viii offshore Electricity Production: does the current EU regime Provide sufficient guarantees to investors? anton Ming-Zhigao 1. introduction 2. general and cross-sector regime a. institutional design and competent authorities 1. increasing energy competence and intervention: from the European Economic community and European community to the European Union 2. organisational establishment: competent authorities: effective distribution of authorities B. renewable energy and offshore electricity production policies 1. offshore wind policy 2. Marine electricity c. general legal regime concerning offshore electricity generation 3. Legal regime for electricity supply and offshore electricity generation a. application and deployment in the renewable energy market 1. renewable energy-related directives 2. other mechanisms to promote offshore electricity generation: parallel development and conflict of different types of low-carbon technologies at the EU level B. other incentives concerning offshore electricity production 1. rd&d of renewable electricity and offshore electricity technology 2. state-aid rules and the development of offshore renewables 3. renewable electricity and offshore renewable friendly grid infrastructure 4. Tradition of cooperation in Europe 4. rationalising the development of offshore electricity production: environmental legal regime a. Environmental impact assessment (Eia) & strategic Environmental assessment (sEa) B. Habitat and bird protection c. noise 5. conclusion: a success story, but difficult to replicate chapteriX Price regulation in the Energy sector in the EU - Here to stay? cathysuykens and Bram delvaux 1. introduction 2. concept and history 3. Legal framework and case law a. overview of applicable provisions B. The nature of article 3(2) of the Electricity and gas directives c. criteria for regulation of prices 1. general 2. general economic interest in the meaning of article 106(2) of the TFEU 3. compliance with the principle of proportionality 4. clearly defined, transparent, non discriminatory and verifiable, and that they guarantee equal access for EU gas companies to consumers d. on the transnational/international level E. reflections on the application of article 3(2) 4. case study: Belgium 1. context 2. The safety net (a) Ex post supervision on indexation parameters (b) supervision on increase in prices (c) Timeframe 3. The temporary freeze of variable prices 4. Validity of measures 5. conclusion chapter X The independence of the national regulatory authority in the European Union Energy Law Mari Matjus 1. introduction 2. The nra as a single, legally distinct entity 3. The nra's independence from the government 4. The independence of the nra's management and other staff members 5. conclusion chapter Xi EU External Energy governance - an internal remedy? Johannes Theiss 1. introduction 2. Energy-specific circles of influence a. Energy community B. Energy charter Treaty c. other energy-related frameworks 3. Hypotheses 4. constraints for the EU's external energy governance a. accession conditionality B. reserves and import dependence c. status of the internal energy market d. opportunities and risks for the iEM's completion 5. conclusion 6. acronyms chapter Xii delimitation of competences between Member states and the EU in the External Energy Field: the case of the caspian region slawomirraszewski 1. introduction 2. External energy field 3. Formalisation of the status quo 4. Prioritisation and its consequences 5. Energy diplomacy and the caspian 6. The caspian and Ec energy activism in the region 7. European External action service 8. European commission and the external energy field 9. conclusion chapter Xiii insider Trading and Market Manipulation in wholesale Energy Markets: The impact of rEMiT regine Feltkamp 1. introduction 2. Business activities affected a. Trading in wholesale energy products B. non-applicability of certain provisions to certain financial instruments 2. Market integrity a. general remarks B. insider trading 1. inside information 2. Prohibited acts 3. Persons affected by the prohibition c. Market manipulation 3. Transparency measures under the rEMiT a. The obligation to disclose inside information B. Transparency for supervision purposes 1. general 2. Transactional data 3. Fundamental data 4. conclusion chapter XiV regulation of Electricity network Tariffs and the Principles of Legal certainty and Legitimate Expectations Mikael warnsby and Madeleine Edqvist 1. introduction 2. The ex-ante tariff regulation 3. The principles of legal certainty and legitimate expectations 4. application of the connected principles to grid regulation a. The regulatory framework and legal certainty B. on-going legal processes regarding the ex-ante regulation in sweden c. can the regulator change its own methodologies or policy? 5. concluding remarks
