European Energy Law Report II
The European Energy Law Report II presents an overview of the most important legal developments in the field of EC and national energy law as discussed at the European Energy Law Seminar in 2004. The book covers four different areas of legal development. The first section concentrates on developments in EC law affecting the energy sector. It examines, inter alia, the new EU Constitution and the energy paragraph which has been included; the changes affecting the rules on antitrust and merger control as a result of which (energy) companies operating in the EU will increasingly face a network of competition authorities; the possibility for energy companies to collectively market their jointly produced gas; territorial restrictions in gas purchase contracts; access to pipeline infrastructure and merger control and climate change. The next section examines the evolution of energy regulators in the EU. Following the entry into force of Directive 2003/54/EC and Directive 2003/55/EC all member states are required to establish an energy regulator. The new directives also provide for the establishment of the European Energy Regulators Group (EERG). The question raised in this book is whether the EERG is a panacea for good governance. Another issue concerns the relationship between the EERG and the national regulators. The third section focuses on another possible consequence of liberalisation: the privatisation of network companies. Although the situation in the UK differs from other Member States as the liberalisation process is the result of an earlier privatisation, the UK experiences with the regulation of networks illustrate that privatisation not necessarily has a negative impact on the operations of the networks. Some member states, however, consider regulation as an insufficient instrument for safeguarding the networks and security of supply. The final section is dedicated to issues of gas trading. As gas trading is closely connected to the availability of sufficient infrastructure, two pipeline projects are discussed which are of importance for the UK as well as the EU gas market: the estsablishment of the Balgzand Bacton Line between the Netherlands and the UK and the Langeled pipeline from the Ormen Lange field on the Norwegian continental shelf to the UK. Then, the impact of the liberalisation process on upstream gas contracts in Norway is discussed. The abolishment of the system of joint gas sales and the establishment of an independent operator for all offshore gas pipelines has resulted in a new legal gas regime.
Publication Date: 5/26/2005