Major eu energy law and policy developments in 2013

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Major eu energy law and policy developments in 2013

  1. 1. Major EU Energy Law & Policy Developments in 2013 Raluca Dirjan
  2. 2. RES & Energy Efficiency  Moving forward on Climate and Energy 2030  RES Progress Report  Energy Efficiency Directive Internal Energy Market  REMIT  Making the internal energy market work  Unbundling guidelines for financial investors Oil & Gas  Shale Gas  Offshore oil and gas platforms standards
  3. 3. Moving forward on Climate and Energy 2030  Green Paper and Public Consultation  no further targets proposed  invitation to stakeholders to express their views on the way forward  lack of competitiveness of the EU economies – burden of high energy prices  new measures for reaching the 2020 targets in the context of scaling back of the support schemes  limit the use of the support schemes only to those technologies and if that is still need it  avoid overcompensation  proposal for the 2030 framework on the table by the end of 2013 http://ec.europa.eu/energy/green_paper_2030_en.htm
  4. 4. RES Progress Report  reform of the support schemes - cost-effective and market-orientated manner  national reforms - negative impact on the investment climate  more convergence and ‘Europeanisation’ of RES support schemes is needed  regional and possibly sectoral joint support schemes between Member States based on the co- operation mechanisms  COM to provide Guidelines by the end of the year http://ec.europa.eu/energy/green_paper_2030_en.htm
  5. 5. Energy Efficiency Directive (2012/27)  indicative national energy efficiency targets for 2020  energy utilities as of 1 January 2014: cumulative end-use energy savings target, which target is set at 1,5 % of the annual energy sales to final customers  consumers: required to manage their energy consumption more efficiently as a result of better information provided on their meters and bills  high quality energy audits will be made available to all final customers  the industry: must carry out cost-benefit analyses to assess the potential of using efficient heating and cooling systems, in particular those using high-efficiency cogeneration  central governments: can only acquire energy-efficient buildings, services and products  as from 1 January 2014, they must renovate 3% of their buildings on a yearly basis in order to drastically reduce their energy consumption  implementation deadline 5 June 2014 http://ec.europa.eu/energy/efficiency/eed/eed_en.htm
  6. 6. REMIT Wholesale energy markets provide key price signals which affect the choices of producers and consumers, and investment decision in production facilities and transport infrastructure  energy trading will be screened at EU level to uncover abuses  defining market abuse as market manipulation, attempted market manipulation and insider trading, in wholesale energy markets  explicit prohibition of market manipulation, attempted market manipulation and insider trading in wholesale energy markets  new framework for the monitoring of wholesale energy markets to detect and deter market manipulation and insider trading  enforcement of the above prohibitions and the sanctioning of breaches of market abuse rules at national level http://www.acer.europa.eu/remit/Pages/default.aspx
  7. 7. Making the internal energy market work Report and Work Plan  COM: pursue the enforcement procedures  Competition authorities: keeping the playing field  ACER: continue with the regional initiatives  MSs: develop infrastructure  Consumers: end to regulated tariffs + assistance to vulnerable consumers  Minimise market intervention so that the liberalised markets can work based on economic principles  ENTSO-E and G: finalise the Codes so that the ETM and GTM can be fully implemented  integrate RES capacities  Security of supply: reward capacity availability  More energy infrastructure for the cross border integration  Smart grids and meters to ensure demand side management http://ec.europa.eu/energy/gas_electricity/internal_market_en.htm
  8. 8. Unbundling Guidelines for financial investors  aim: to avoid conflict of interest for entities holding participations in transmission, generation and supply units  not legally binding but v useful for considering the acceptable forms of financial investments  2 steps test: 1. control or exercise rights and if yes, then 2. if in the circumstances of the individual case, it can be clearly demonstrated that there is no incentive for a shareholder in a TSO to influence the TSO’s decision-making in order to favor his generation, production and/or supply interest to the detriment of other network users  geographic location (National Grid UK)  crossing over gas – electricity assets less likely to generate conflict (Red Electrica de Espana and Enagas)  Size and market share of the conflicting activities (50 Hertz and Dalkia Polska)  Generators rewarded with FiT less likely to create conflict if transmission assets are also owned http://ec.europa.eu/energy/gas_electricity/interpretative_notes/doc/implementation_ notes/swd_2013_0177_en.pdf
  9. 9. Shale Gas
  10. 10. Shale Gas  Hydrocarbon Licensing Directive 1994 (HLD 1994) – no barriers to cover shale gas as well  prior to 2011 no one spoke about shale gas in Europe  European Council meeting February 2011 and the European Parliament’s November 2012 call for the introduction of an EU-wide risk management framework for unconventional fossil fuels exploration and extraction  Commission has released several studies on shale gas http://ec.europa.eu/environment/integration/energy/uff_studies_en.htm  on-line public consultation came to an end in March 2013 and the results are now available as a prep for an impact assessment on the ‘Environmental, Climate and Energy Assessment Framework to Enable Safe and Secure Unconventional Hydrocarbon Extraction’  public opinion leaning towards a NO majority view: regulatory framework needs to be developed to cover all risks
  11. 11. Directive on Offshore oil and gas platforms standards  in force as of 18 July 2013  addressing Deepwater Horizon (Gulf of Mexico) and Alpha Piper (UKCS) accidents  aim: consistent minimum standard of regulation across EU  mostly based on the UKCS standards  not applicable to landlocked MSs  financial liability for environmental damages moved from the operator to the licence holder  NRAs to assess the financial capability of the licence holders to withstand adequate provisions for potential liabilities  operators to submit a major hazard report prior to commencement of the offshore operations  oil spill response effectiveness  independent authorities for safety and environment oversight, separated from the licensing authority (ie: NRAs) http://ec.europa.eu/energy/oil/offshore/standards_en.htm
  12. 12. Thank you! Raluca Dirjan Attorney at Law r.dirjan@schoenherr.eu +32 2 743 40 41

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