Regulating energy security in the European Union : Between competition objectives and Member States’ Security of Supply interests
Manninen, Antti-Pekka (2018-01-02)
Regulating energy security in the European Union : Between competition objectives and Member States’ Security of Supply interests
Manninen, Antti-Pekka
(02.01.2018)
Tätä artikkelia/julkaisua ei ole tallennettu UTUPubiin. Julkaisun tiedoissa voi kuitenkin olla linkki toisaalle tallennettuun artikkeliin / julkaisuun.
Turun yliopisto
Tiivistelmä
This thesis discusses the development of European energy law through the context of energy security and internal markets. The aim of the research is to establish how EU has managed the conflict of security and market interests in the energy sector through regulatory instruments.
Energy as a good is bound by the internal market regulations. TFEU Article 34 forbids quantitative limitations to trade, and TFEU 107(1) forbids state aid. On the other hand, Article 36 allows for derogations from these rules when protecting public security or public order, and this derogation has been invoked based on security of supply arguments. In addition to this, Article 106(2) allows for Member States to define Services of General Economic Interest, that can be tasked with Public Service Obligations and thus partly or fully funded by the state. The Member States have an interest to aid their national energy companies in the internal markets, and there is a thin line between protectionist measures and actual infrastructure projects which increase Union energy security.
This study will examine how energy has been brought under the internal market rules. I will also analyse when is state aid for energy security reasons acceptable, and on which grounds. Energy security is an actual issue, but it has been used to push political goals and economic interests. Legal certainty is needed, but there are many uncertainties that need to be addressed. Consequently, I will suggest measures through which the sector could be harmonized, while taking into account security and market considerations.
Energy as a good is bound by the internal market regulations. TFEU Article 34 forbids quantitative limitations to trade, and TFEU 107(1) forbids state aid. On the other hand, Article 36 allows for derogations from these rules when protecting public security or public order, and this derogation has been invoked based on security of supply arguments. In addition to this, Article 106(2) allows for Member States to define Services of General Economic Interest, that can be tasked with Public Service Obligations and thus partly or fully funded by the state. The Member States have an interest to aid their national energy companies in the internal markets, and there is a thin line between protectionist measures and actual infrastructure projects which increase Union energy security.
This study will examine how energy has been brought under the internal market rules. I will also analyse when is state aid for energy security reasons acceptable, and on which grounds. Energy security is an actual issue, but it has been used to push political goals and economic interests. Legal certainty is needed, but there are many uncertainties that need to be addressed. Consequently, I will suggest measures through which the sector could be harmonized, while taking into account security and market considerations.