This book analyses whether the current EU regulatory framework for energy law and policy suffices to address the triple objectives of the EU's energy policy, or by contrast, whether changes to that framework are needed.
Acknowledgements Chapter 1. General introduction Chapter 2. Objectives of the European energy policy A. Introduction B. European energy policy: historical overview C. Recent developments in the European energy policy 1. The European challenges of the new energy era 2. The European response to this new energy era (a) Green Energy Paper of 2006 (b) 2006 and 2011 Energy Efficiency Action Plans (c) Energy sector inquiry (d) The New Energy Policy for Europe (e) Strategic Energy Technology Plan (f) Energy and Climate Package (g) Second Strategic Energy Review (h) European Energy Programme for Recovery (i) Energy infrastructure priorities for 2020 and beyond (j) A roadmap for moving to a competitive low-carbon economy in 2050 (k) Energy roadmap 2050 D. The three key objectives of the European energy policy 1. Introduction 2. Liberalisation process of the internal energy market 3. Sustainability and climate change challenge 4. Security of energy supply E. An insufficient, incoherent and fragmented EU energy policy F. Concluding remarks Chapter 3. Key EU secondary legislation in the energy field A. Introduction B. Internal market for electricity and gas 1. Introduction 2. Electricity and Gas Directives and Regulations EU Law and the Development of a Sustainable, Competitive and Secure Energy Policy (a) Electricity and Gas Directives (b) Electricity and Gas Regulations 3. ACER Regulation 4. Regulation on data and information on investment projects in energy infrastructure C. Sustainability and climate change 1. Introduction 2. Measures dealing with the supply of energy (a) Renewable Energy Directives (b) Directive on combined heat and power 3. Measures dealing with energy demand (a) Directive on energy end-use efficiency and energy services (b) Directive on the energy performance of buildings (c) Directive on Eco-design for energy-using appliances (d) Directives on efficiency in energy using products . 70 i) Household appliances. 70 ii) Office appliances 71 iii) Tyre labelling 4. Emission Trading Directive 5. Union framework for the taxation of energy products and electricity D. Security of energy supply 1. Introduction 2. Security of energy supply directives and regulations (a) Directives on minimum stocks of crude oil and/or petroleum (b) Security of electricity supply and infrastructure directive and security of natural gas supply directive 3. External security of energy supply (a) Energy Charter Treaty (b) Energy Community Treaty E. Problems faced with EU secondary legislation in the energy field F. Conclusion Chapter 4. Principles of EU law and legal bases in the TFEU allowing Union action in the field of energy prior to the Lisbon Treaty A. Introduction B. Energy and the Treaty context: historical overview 1. Introduction 2. Treaty establishing the European Coal and Steel Community 3. Treaty establishing the European Atomic Energy Community 4. Treaty establishing the European Economic Community (a) Adoption of the Single European Act (b) Adoption of the European Union Treaty (c) Treaty framework after the adoption of the Treaty of Amsterdam (d) Developments with the adoption of the Treaty of Nice (e) Constitutional Treaty of Europe 5. Conclusion C. Division of competences between the Union and its Member States in the energy field 1. Introduction 2. The principle of attribution of powers (a) Meaning of the principle of attribution of powers on a European level (b) Energy and the principle of attribution of powers 3. The principle of subsidiarity (a) Introduction (b) Meaning of the principle of subsidiarity on a European level 113 i) Principle of subsidiarity: not without reason 113 ii) Present form and meaning of the principle of subsidiarity 115 iii) Subsidiarity test. . 116 iv) Conclusion (c) Energy and the principle of subsidiarity 4. The principle of proportionality (a) Introduction (b) Meaning of the principle of proportionality on a European level (c) Energy and the principle of proportionality 5. Conclusion D. The provisions of the TFEU allowing Union action in the field of energy 1. Introduction 2. The general TFEU provisions and their application in the energy sector (a) Introduction (b) Electricity and gas markets and the limits of the general TFEU provisions 134 i) The application of Article 106 of the TFEU . 135 ii) The application of Article 345 of the TFEU (c) The application of the rules on the free movement of goods . 170 i) Fiscal barriers to trade or measures having an effect equivalent to customs duties. 171 ii) Non-fiscal barriers to trade 3. Internal market provisions (a) Meaning of Articles 114 and 115 of the TFEU EU Law and the Development of a Sustainable, Competitive and Secure Energy Policy (b) Case law of the Court of Justice interpreting Article 114 of the TFEU (c) Article 114 and energy (d) Conclusion 4. Article 113 of TFEU (a) Meaning of Article 113 of the TFEU (b) Article 113 of the TFEU and energy (c) Conclusion 5. The environmental law provisions in the TFEU (a) Introduction (b) Present environmental competences of the Union 231 i) Objectives of the environmental policy. 231 ii) Principles of the environmental policy (c) Legal basis in the TFEU for environmental measures. . 255 i) Provisions primarily of a fiscal nature. . 256 ii) Measures affecting town and country planning, quantitative management of water resources and land use 257 iii) Measures significantly affecting a Member State's choice between different energy sources and the general structure of its energy supply (d) Derogation clauses of the TFEU in the environmental field (e) Renewable Directive 2009/28/EC and its legal bases Articles 192 and 114 of the TFEU 266 i) Introduction. 267 ii) Legal basis of the Renewable Energy Directive 2009/28/EC . 268 iii) Conclusion 6. Loophole Article 352(1) of the TFEU (a) Meaning of Article 352(1) of the TFEU (b) Article 352 of the TFEU and energy 7. The trans-European networks provision (a) Meaning of Articles 170 - 172 of the TFEU (b) Secondary legislation on the basis of Articles 170 - 172 of the TFEU (c) Conclusion 8. Meaning of Article 122 of the TFEU 9. Impact of case law of the Court of Justice on the adoption of secondary legislation in the energy field . 284 (a) Background (b) The Meroni doctrine and ACER (c) The adopted text on ACER. . 290 i) The Agency's set of tasks . 291 ii) Analysis and conclusion E. Conclusion Chapter 5. Union competences in the energy field after the adoption of the Lisbon Treaty A. Introduction B. Relevant changes to provisions of the TFEU 1. Categories of Union competence (a) Introduction (b) Exclusive competences (c) Shared competences (d) Competence to support, coordinate or supplement (e) Since Lisbon, energy is a shared competence 2. Revised Protocol on the application of the principles of subsidiarity and proportionality (a) Role of the national Parliaments (b) Compliance with subsidiarity under the revised Protocol 3. Article 122 of the TFEU and the Lisbon Treaty 4. Climate change inserted in Article 191 of the TFEU 5. Foreign direct investment under the Lisbon Treaty 6. Changes to Article 352(1) of the TFEU C. The new Article 194 of the TFEU 1. Article 194 of the TFEU and the objectives of European Energy Policy (a) Meaning of Union policy on energy (b) Meaning of "in the context of the establishment and functioning of the internal market and with regard for the need to preserve and improve the environment" . 332 (c) In a spirit of solidarity between Member States (d) Ensure the functioning of the energy market (e) Ensure security of energy supply in the Union (f) Promote energy efficiency and energy saving and the development of new and renewable forms of energy (g) Promote the interconnection of energy networks (h) Conclusion 2. The legal basis of European Energy Policy (a) Paragraph 2 of Article 194 TFEU 344 i) Member State's right to determine the conditions for exploiting its energy resources . 345 ii) Choice between different energy sources and the general structure of its energy supply, without prejudice to Article 192(2)(c) (b) Third paragraph of Article 194 of the TFEU 3. Declaration 35 on Article 194 of the TFEU 4. Gas Regulation No 994/2010 and Article 194 of the TFEU EU Law and the Development of a Sustainable, Competitive and Secure Energy Policy (a) Background (b) Main features of the Gas Regulation No 994/2010 (c) Critical assessment of the Gas Security Regulation No 994/2010 5. Concluding remarks with respect to the new energy title D. Article 194 of the TFEU and/or other provisions of the TFEU 1. Choice between Article 192 of the TFEU and Article 114 of the TFEU 2. Choice between Article 194 of the TFEU and other provisions of the TFEU (a) General remarks (b) Identifying the most appropriate legal basis for energy measures E. Concluding remarks Chapter 6. Legal and institutional options for a European energy framework A. Introduction B. Suggestions in legal doctrine and current practices 1. Enhanced cooperation 2. Reinforced cooperation or in-built closer cooperation - the Schengen model 3. Functional or regional cooperation C. Amendments to the provisions of the Treaties 1. Procedure for amending the Treaties 2. Treaty amendments with respect to energy (a) Article 3 of the TFEU (b) Article 122 of the TFEU (c) Articles 191 and 192 of the TFEU (d) Articles 170 - 172 of the TFEU (e) Article 194 of the TFEU (f) Article 288 of the TFEU 3. Conclusion D. A new energy Treaty on a European level E. Conclusion Chapter 7. General conclusion Bibliography Index
