EU energy law and policy issues / edited by Bram Delvaux, Michaël Hunt, Kim Talus.
2014
KJE6848 .E85 2014 (Map It)
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Details
Title
EU energy law and policy issues / edited by Bram Delvaux, Michaël Hunt, Kim Talus.
Published
Cambridge [England] ; Antwerp [Belgium] ; Portland [Oregon] : Intersentia, [2014]
Distributed
Portland, OR, USA : Distribution for the USA and Canada, International Specialized Book Services
Copyright
©2014
Call Number
KJE6848 .E85 2014
Edition
2013 edition.
ISBN
9781780681870 (pbk.)
1780681879 (pbk.)
1780681879 (pbk.)
Description
xxi, 360 pages : illustration ; 24 cm.
System Control No.
(OCoLC)858935250
Summary
"This fourth volume of the 'ELRF' book 'EU Energy Law and Policy Issues', as with the previous versions of the book, offers 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 provide detailed and critical views on some of the main issues in this area. Over the years the Energy Law Research Forum or "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 law specialists with an academic interest, and the book has become a reference for research and literature, as well as for the Court of Justice of the European Union. This edition of the book covers topical issues ranging from exemptions and derogations in the EU energy acquis, pricing, access, investments, nuclear energy, external energy relations as well as the role of regulatory authorities in the EU and beyond."--Back cover.
Note
Edition statement from introduction.
"This fourth volume of the 'ELRF' book 'EU Energy Law and Policy Issues', as with the previous versions of the book, offers 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 provide detailed and critical views on some of the main issues in this area. Over the years the Energy Law Research Forum or "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 law specialists with an academic interest, and the book has become a reference for research and literature, as well as for the Court of Justice of the European Union. This edition of the book covers topical issues ranging from exemptions and derogations in the EU energy acquis, pricing, access, investments, nuclear energy, external energy relations as well as the role of regulatory authorities in the EU and beyond."--Back cover.
"This fourth volume of the 'ELRF' book 'EU Energy Law and Policy Issues', as with the previous versions of the book, offers 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 provide detailed and critical views on some of the main issues in this area. Over the years the Energy Law Research Forum or "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 law specialists with an academic interest, and the book has become a reference for research and literature, as well as for the Court of Justice of the European Union. This edition of the book covers topical issues ranging from exemptions and derogations in the EU energy acquis, pricing, access, investments, nuclear energy, external energy relations as well as the role of regulatory authorities in the EU and beyond."--Back cover.
Bibliography, etc. Note
Includes bibliographical references.
Series
Record Appears in
Variant Title
European Union energy law and policy issues
Table of Contents
The Energy Law Research Forum
v
About the Authors
xvii
Introduction
1
ch. I
'Opt-out' Clauses for EU Energy Islands in the Third Liberalisation Package: Striking Balances? / Nicole Ahner
3
1.
Introduction
3
2.
The derogation regime under the third package for energy islands
5
A.
Derogations for small isolated systems (electricity)
6
B.
Derogations for isolated markets (gas)
9
C.
Emergent markets (gas)
10
3.
The specific derogations to unbundling rules for TSOS (gas and electricity)
12
A.
The unbundling regime
12
B.
Express derogation from unbundling
13
4.
The powers of national regulators in isolated and emergent markets: the case of the Cyprus gas market
14
A.
The gas sector in Cyprus
15
B.
Legal qualification of DEFA and the LNG Terminal Company pursuant to Directive 2009/73
16
C.
Rationale and application of the derogation system in the future Cyprus gas market
18
1.
Express derogation
18
2.
Derogation for new infrastructure under Article 36: room for new powers to CERA?
19
3.
Interim conclusion
20
D.
Remaining powers of CERA on the LNG terminal company and DEFA after transposition
20
5.
Conclusion
22
ch. II
Regulatory Exemptions for Electricity Interconnectors: the Experience of Existing European Cases / Michael Cuomo
25
1.
Introduction
25
2.
The exemption mechanism
26
3.
Regulatory provisions from which a project may be exempt
34
4.
Exemption application procedure
36
5.
The existing EU exemption cases
38
A.
EstLink (2005)
39
B.
BritNed (2007)
44
C.
East-West Cables (2008) ('Imera')
49
D.
Tarvisio-Arnoldstein (2010)
53
6.
Conclusion
58
ch. III
Between Public and Private Responsibility for the Management of Spent Fuel and Radioactive Waste in EU Member States / Jakub Handrlica
59
1.
Introduction
59
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
65
A.
Strategic perspective: SF and RAW as a matter of state interest
66
B.
Safety perspective: SF and RAW as a source of risk
68
C.
Scientific and technical perspective: SF and RAW as a scientific and technical challenge
69
D.
Financial perspective: SF and RAW as a challenge to long term financial management
70
E.
Socio-political perspectives: SF and RAW as a challenge for political commitment
71
3.
Between public and private responsibility for the management of SF and RAW: international and European law
73
A.
Allocation of responsibilities under international law
73
1.
The Joint Convention on the Safety of Spent Fuel Management and the Safety of Radioactive Waste Management of 1997
74
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 1997
77
B.
Allocation of responsibilities under European law
80
1.
Two reports on the management of financial resources for the decommissioning of nuclear installations, spent fuel and radioactive waste (2004, 2007)
81
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
83
4.
Between public and private responsibility for management of SF and RAW: situations in selected Member States
87
A.
Finland
87
B.
France
89
C.
Czech Republic
90
D.
Slovakia
91
5.
Conclusions
92
ch. IV
Competition Law and Nuclear Regulation: A European Perspective Rasa Ptasekaite
93
1.
Introduction
93
2.
The TFEU
94
3.
The Euratom Treaty
98
A.
Competition aspects
98
B.
State aid
100
4.
The interaction between the Euratom Treaty and the TFEU
102
A.
General competition rules
102
B.
State aid
106
5.
Conclusion
109
ch. V
Opening Access to Nuclear Facilities / Michael Hunt
111
1.
Introduction
111
2.
Opening access to nuclear facilities in France
114
A.
Structure of the French electricity market
114
B.
TaRTAM
115
C.
The NOME Act and the ARENH Decree
117
3.
Opening access to nuclear facilities in Belgium
119
A.
Structure of the Belgian electricity market
119
B.
Nuclear rent
119
C.
Postponed decommissioning of Tihange 1
121
1.
Release programmes
121
2.
Single Buyer
122
D.
Drawing rights
123
4.
Regulated access to nuclear facilities as a public service obligation
124
5.
The right to property
127
6.
State aid
130
A.
State aid to competing producers/suppliers or other beneficiaries
131
B.
State aid to the operator of the nuclear power plant
132
7.
The Essential Facilities Doctrine: an alternative way of opening access to nuclear facilities?
135
8.
Conclusion
141
ch. VI
Non-EU National Investors' Legal Status under the European Union Law after the Treaty of Lisbon / Ozge Varis
143
1.
Introduction
143
2.
Extended version of the European Union Common Commercial Policy
145
3.
The European Union energy policy: past, present and potential future
150
4.
Non-EU national investor in the energy sector within the European Union Member States
153
5.
A short case study: The Energy Charter Treaty and the European Union
157
A.
Investor-State disputes
159
B.
State-State dispute
160
6.
Conclusion
163
ch. VII
Legal Issues Concerning the Decentralised Energy Production Investment Climate: Subsidies, Tariffs and Priority Access and Dispatch / Wouter Geldhof
165
I.
Introduction
165
A.
The renewable energy objective
165
B.
Electricity production from RES vs. decentralised production vs. distributed generation
167
2.
Issues affecting the investment climate in decentralised production
170
A.
Support -- subsidies
170
1.
Introduction
170
2.
Start-and-stop policies
171
3.
Intermediary conclusion
174
B.
Tariffs for grid use
174
1.
Introduction
174
2.
Case study
175
(a).
Injection tariff
175
(b).
Grid fee
176
(c).
Intermediary conclusion
177
3.
Injection tariffs and capacity tariffs
178
(a).
General
178
(b).
Capacity tariff
180
4.
Competent body
181
5.
Intermediary conclusion
183
C.
Priority access, guaranteed access, and priority dispatch
183
1.
General
183
2.
Priority access and guaranteed access
185
3.
Priority of dispatch
185
3.
Conclusion
188
ch. VIII
Offshore Electricity Production: Does the Current EU Regime Provide Sufficient Guarantees to Investors? / Anton Ming-Zhi Gao
189
1.
Introduction
189
2.
General and cross-sector regime
192
A.
Institutional design and competent authorities
192
1.
Increasing energy competence and intervention: from the European Economic Community and European Community to the European Union
192
2.
Organisational establishment: competent authorities: effective distribution of authorities
194
B.
Renewable energy and offshore electricity production policies
195